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HomeMy WebLinkAbout1998-07-15 Council PacketKenai City Council Meeting .Packet July 15, 1998 AGENDA KENAI CITY COUNCIL- REGULAR MEETING JULY 15, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt~' //www. Kenai.net / city A® , 2. 3. 4. CALL TO ORDER Pledge of Allegiance Roll Call Agenda Approval Consent Agenda *Ail items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. o SCHEDULED PUBLIC COMMENTS (10 minutes) Michelle Brown, Nature Conservancy- Draft Plan Update Ce o , , . . PUBLIC HEARINGS Ordinance No. 1789-98 - Amending KMC 13.05.010 to Authorize Collection of a Surcharge for Violation of a Municipal Ordinance. Resolution No. 98-46 - Designating the Kenai Mumcipal Airport Terminal as a Smoke-Free Facility. Resolution No. 98-47- Designating a Particular Area in the Kenai Municipal Airport Terminal as a Designated Smoking Area. Resolution No. 98-48- AWarding a Five-Year Contract to Homer Electric Association, Inc. for Electric Service. Resolution No. 98-49 - Formally Accepting FY99 Municipal Matching Grant Number 99/587-8-001 From the State of Alaska, Department of Administration, in the Amount of $214,248.00 for a Street Improvement Program. -1- o o Resolution No. 98-50 --~a~ding a Contract for Accounting System Software to Systems & Comp{i'i~r Technology Corporation (SCT). * 199 8 / 99 Liquor License Renewals a. Pizza Hut #9 - Restaurant/Eating Place b. Uptown Motel Annex/Back Door Lounge - Beverage Dispensary/Tourism c. Louie's/Uptown Motel/VIP Lounge- Beverage Dispensary/Tourism De fl. 2. 3. 4. 5. 6. 7. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Kenai Visitors & Convention Bureau board d. Alaska Municipal League Report Re o MINUTES *Regular Meeting of July 1, 1998. F® CORRESPONDENCE o . OLD BUSINESS Cunningham Park- Redevelopment with Kenai Classic Assistance Approval- Consent to Collateral Assignment of Lease - Jim C. & Erika E. Singree/Lots 1 and l-A, Aleyeska Subdivision, Part 3. He o NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 -2- . , . *Ordinance No. 1790-98 - Amending KMC 1.80.010 Increasing Mayor's Salary to $1,000 Per Month and Council Members' Salaries to $500 Per Month. Approval- Special Use Permit/John Bierdeman, Far North Firewood and Timber- Logging Section 36 Discussion- Elks Club Sign Potential Location I® ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None scheduled. K® ADJOURNMENT -3- MAYOR'S REPORT JULY 15~ 1998 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REOUESTED BY: No changes. CONSENT AGENDA No changes. MAYOR'S REPORT . Volunteer artist group to paint pillars. , Senator Murkowski visiting Kenai on August 21 and 22. (He will be here on August 21 for the Spruce Bark Beetle hearing and staying overnight. Attending the picnic on the 22nd.) Does council want to request a meeting with him as was done last year? , Airport signs and sign company. . Mayor's Annuity. Airport baseline study (Congressman Young's office). 0 ~ ~a 0 0 ~ ~ 0  ~ ,a 0 0 aa ~4 0 al o 0 ~ ~a 0 0 aa ~ o - 0 ~ ~ 0 ~ 0 ~a ~ 0 ~ o ~ ~a o 0 aa ~ o ~ M i..q 0 ~ I-4 M 0 ffi ~ 0 0 r~ Coordination helps water studies By SHANA LOSHBAUGH Peninsula Clarion ~' Z~" ~ ~) The Kenai Watershed Forum volunteer water monitoring effort is only one facet of a larger project to improve area water studies through teamwork. A broad consortium of agency scientists, public resource man- agers, user groups and concerned citizens met during the winter to organize water quality monitoring on the Kenai River. The goals were to ensure the environmental health of the river's watershed basin, to improve study efficiency and to build a baseline of information about the watershed as a yardstick against which to measure future changes. The informal Kenai River Water Monitoring Coalition was orga- nized by The Nature Conservancy through Michelle Brown of its Kenai River project office. The pro- ject is funded by the federal Environmental Protection Agency and chaired by consultant William Ashton of Ecosynergy. The coali- tion has been working to issue a coordinating plan as recommended in the Kenai River Comprehensive Management Plan. The coalition put out a draft "Framework for Water Quality Monitoring of the Kenai River" in May and is inviting public com- ment on it. Copies of the draft framework are available at the Soldotna and Kenai public libraries, the Kenai River Center in Soldotna or at The Nature Conservancy office at the Blazy Mall in $oldotna. Government agencies are turn- ing local responsibilities back to citizens and cannot monitor all sites all the time. On the Kenai Peninsula, local volunteers are organizing to advise and supple- ment natural resource management agencies. The framework will guide that process. Using a network of professional and amateur observers will help collect more information at lower cost. The more information is avail- able, the better people will be able to understand and manage the resources. But the information is only usable if it is relevant and reli- able. As of 1995, 24 agencies, local governments and nongovernmen- tal organizations were conducting activities related to the Kenai River, according to a study by The Nature Conservancy. The monitoring framework out- lines what types of tests should be done and the level of scientific rigor expected from different groups. It also reviews the many past and pre- sent sources of area water quality data. And it recommends all groups collecting scientific data follow compatible guidelines set down in a quality assurance project plan to assure high quality. To be meaningful, sampling should be done over a minimum of five years and preferably 10 to 20 years, the framework recommends. Formats for reporting data should be standardized. Coordinating long-term collection and analysis will reduce overall costs and expand the. amount of useful infor- mation. This approach means that as each agency or group follows their individual mandate or direction, they will create a coordinated pic- ture of the water quality of the Kenai River watershed, according to the draft framework report. The framework advocates pub- lic outreach and education. Plans include brief presentations to the Kenai Peninsula Borough Assembly and city councils; a com- munity forum to discuss water sam- piing findings; training workshops for volunteer monitors: a routine overview evaluation of monitoring efforts every five years: and on- going coordination through a tech- nical subcommittee of the Kenai River Special Management Area board. Discussions are under way about making water information more available through public repons and the Internet. The coalitions plans to meet again in the fall to finalize the frameworks. Send comments, sug- gestions and questions about the framework or the monitoring coali- tion to: The Nature Conservancy, Kenai River Project. P. O. Box 1868, $oldotna AK 99669 or phone Brown at 262-6377. The deadline for comments is Sept. 15. FRAMEWORK FOR WATER QUALITY MONITORING OF THE KENAI RIVER Draft May, 1998 ACKNOWLEDGMENTS The Nature Conservancy would like to thank the following people for their participation in the discussion of Kenai River water quality issues and their contributions to specific elements of this Framework: Walt Arthur, Kenai River Property. Owners Assoc. Dave Blanchet, U.S. Forest Service, Chugach National Forest Steve Bonebrake, City of Soldotna Les Buchholz, Alaska Dept. of Environmental Conservation and member of Kenai River Special Management Area Board Catherine Cassidy, Kenai Watershed Forum Herb Cook, Kenai Soil & Water Conservation District Vicki Davis, U.S. Fish & Wildlife Service Joe Dorava, U.S. Geological Survey Ben Ellis, Kenai River Sportfishing Assoc. and Chairman of Kenai River Special Management Area Board Paul Jackson, The Nature Conservancy Mary King, Alaska Dept. Fish & Game Keith Komelis, City of Kenai Doris Lageson, Kenaitze Indian Tn~e Glenda Landua, Kenai Peninsula Borough, Planning Dept. Gary Leipitz, Alaska Dept. Fish & Game Kenai River Center Ginny Litchfield, Alaska Dept. Fish & Game Shana Loshbaugh, Peninsula Clarion Elaine Major, University of Alaska Anchorage, Environment and Natural Resources Institute Mary Maurer, Alaska Dept. of Natural Resources, Div. of Mining & Water Barb Nord, City of Kenai Planning & Zoning Board Phil North, U.S. Environmental Protection Agency Lisa Parker, Kenai Peninsula Borough, Planning Dept. Dennis Randa, Trom Unlimited Robert Rutfner, Kenai Watershed Forum Susan Saupe, Cook Inlet Regional Citizens Advisory Council Bob Shavelson, Cook Inlet Keeper Mike Swan, Alaska Soil & Water Dis. Sec. David Wartinbee, Kenai Peninsula College Michelle Brown of the Kenai River Project Office of The Nature Conservancy directed the project. William Ashton of EcoSynergy assisted with meeting facilitation and wrote the draf~ Framework. Funding for this work is thrOugh a grant from the U.S. Environmental Protection Agency. Framework for Water Quality Monitoring of the Kenai River (Draft) ii May 14, 1998 Table of Comems List of Tables .................................................. v List of Figures .................................................. v EXECUTIVE SUMMARY ...................................... vi INTRODUCTION ............................................ 1 1 PURPOSE .................................................. How to Use the Framework ........................... 2 BACKGROUND INFORMATION ........................... 3 Previous Reports and Monitoring Efforts ....................... 3 Environmemal Setting ................................. 5 Watershed Issues ...................................... 5 Existing Water Quality ................................ 7 ELEMENTS OF BASELINE WATER QUALITY MONITORING ........ 8 Goals and Objectives ...................................... 9 Boundaries of Baseline Water Quality Monitoring ............... 9 Reference Conditions ...................................... 9 Data User ............................................ 11 Data Quality Goals ...................................... 11 Data Quality Objectives ................................ 13 Quality Assurance ...................................... 13 Monitoring Locations ...................................... 14 Indicators of Water Quality ................................ 17 Monitoring Schedule ...................................... 21 Data Management ...................................... 21 Coordination ...................................... 22 Public Education and Information Exchange ................... 22 Funding ........................................... 24 Reporting Back to the Community ......................... 27 27 SUMMARY ........................................... IMPLEMENTATION PLAN EVALUATION PLAN 28 39 REFE~NCES ........................................... 34 Framework for Water Quality Monitoring of the Kenai River (Draft) iii May 14, 1998 APPENDIXES B. C. D. Summary of Water Quality Sampling Within the Kenai River Watershed Steps to Selecting Monitoring Locations Matrix of Levels of Water Quality Monitoring Statement of Cooperation A-1 B-1 C-1 D-1 Framework for Water Quality Monitoring of the Kenai River (Draft) May 14, 1998 List of Tables lo Population Growth of Communities within the Kenai River Watershed 7 e Preliminary List of Monitoring Locations for Kenai River Baseline Water Quality Monitoring (Kenai RiVer Mainstem) 15 e Preliminary List of Monitoring Locations for Kenai River Baseline Water Quality Monitoring on Kenai River Tributaries 16 e Annual Planning Calendar for Kenai River Baseline Water Quality Monitoring 23 e Who to Call with Questions About the River 25 e Implememation Plan for Kenai River Baseline Water Quality Monitoring 30 List of Figures lo Location of Kenai River Watershed 10' Framework for Water Quality Monitoring of the Kenai River (Draft) May 14, 1998 EXECUTIVE SLrMMARY During the fall of 1997 a Work Group formed to discuss water quality issues and develop an approach for coordinating water quality monitoring activities on the Kenai River. The Work Group included representatives from local govemmems, state and federal agencies, tribes, citizen groups, a university, the community college and concerned citizens. This Framework is the result of their efforts. The goal of the Framework is to provide a water quality monitoring strategy to ensure the environmental integrity of the Kenai River watershed. There are four objectives to achieve this goal: First, develop a coordinated water quality monitoring plan; Second, develop an implememation strategy to carry out the water quality monitoring plan; Third, develop an evaluation assessmem to review the results of the water quality monitoring plan and describe a process to make adjustmems to the plan; and Fourth, develop a public outreach/education plan. The Framework addresses local needs while being consistem with recommendations by national task forces on water quality monitoring. This includes integration with existing managemem plans for the Kenai River that address water quality monitoring. The Kenai River Comprehensive Management Plan and the Upper Kenai River Cooperative Plan include several recommendations specific to water quality monitoring. This Plan fulfills Recommendation 4.5.10.2.2 in the Comprehensive Management Plan for developing a ambiem water quality monitoring plan. The Framework identifies methods and protocols for any group to use so their efforts comribute to the baseline water quality data for the watershed. This includes coordination of efforts to assemble, maintain, and make available water quality data to the public. The collected data serve as a baseline or benchmark from which to assess future changes. With a variety of groups collecting data it is important that data are collected using seiemifically accepted principles and practices to ensure the quality of the data collected is known. One of the central themes of the Plan is the coordination of water quality data collection and analysis among local governmems, state and federal agencies, tribal organizations, volunteer monitoring groups, non-profit groups, schools and concerned citizens. The overall customer, or user, of Kenai River water quality data are people interested in the existing conditions and any changes in water quality through time. These users include' local residems, local government staff, state resource agencies, federal land managemem agencies, tribal organizations, community volunteers, and school teachers Framework for Water Quality Monitoring of the Kenai River (Draft) vi May 14, 1998 and children. Each user has distinct reasons for collecting and using water quality data. Because of this diversity of users the Plan identifies four categories, or levels, describing the link between data quality and its intended use. These levels describe discrete intervals along a continuum of scientific experience, effort, time, expense, and commitment for monitoring. The levels help with understanding how monitoring efforts of a variety of organizations contribute to a coordinated description of the water quality of the Kenai River. The Framework recommends: · Brief presentations of sampling results and future sampling efforts to decision-making bodies such as the Kenai River Special Managemem Area Board, the Kenai Peninsula Borough Assembly, and the Kenai and Soldotna city councils; · A community forum to discuss sampling results, fiver-friendly activities to prevent water pollution, and how people can participate with summer activities; Training workshops for volunteers and teachers who want to be involved with sampling; An evaluation of monitoring efforts every five years to idemify what's working, what needs to be improved and make adjustments to the Plan; and The on-going coordination of the Framework will be accomplished through a technical sub-committee of the Kenai River Special Management Area Board. During the summer monitoring locations will be evaluated for inclusion in the final Framework. Water quality data will be collected this season by the Kenai Watershed Formn, various schools, the AK. Dept. ofFish & Game and the US Geological Survey. Training of volunteer monitors is being conducted by Cook Inlet Keeper and Kenai Watershed Forum in conjunction with the AK Dept. offish & Game. Another activity this summer is to develop a process or system to coordinate data management to make water quality information easier to obtain, understand, and use. The Framework is being circulated for public and agency review during the summer. There will be a fall meeting to answer questions and listen to public and agency comments. Based on these comments the Framework will be revised and distributed to a variety of organizations to use in their water quality monitoring efforts. Framework for Water Quality Monitoring of the Kenai River (Draft) vii May 14, 1998 INTRODUCTION The Kenai River provides a focal point for the communities and economy of the Central Kenai Peninsula. A variety of organizations and individuals want to ensure the fiver will continue to support communities in the area. Development of a coordinated water quality monitoring plan to measure the river's conditions and detect changes is one of the ways identified to ensure economic and ecological health of the area. Kenai River water quality data are collected by agencies for specific purposes. In recent years, a growing number of citizen groups and schools have also become interested in collecting water quality information. There is recognition of the importance of integrating scientifica~y valid sampling with a wider community effort of volunteers and schools. During the fall of 1997 The Nature Conservancy of Alaska, after consultation with a variety groups and agencies, convened a Work Group to discuss water quality issues. The Framework for Water Quality Monitoring of the Kenai River is the product of the WOrk Group representing: local governments, state and federal agencies, tribal organizations, the local community college, a university, nonprofit organizations, and concerned citizens. The Framework provides a foundation on which to improve coordination among the various agencies, groups and individuals collecting water quality data on the Kenai River. The Framework's approach to monitoring has some aspects that are unique when compared to the more traditional Single or multi-agency approach to water quality monitoring. The primary difference is the agreement of a variety of local governments, agencies, tffoes, community groups and citizens to coordinate data collection within distinct categories of data quality. This approach means that as each agency or group follow their individual mandate or direction, they will create coordinated picture of the water quality of the Kenai River watershed. PURPOSE Monitoring programs can be grouped according to the following general purposes (Imergovemmemal Task Force on Monitoring Water Quality, 1995): · Describing status and trends; · Describing and ranking existing and emerging problems; · Designing management and regulatory programs; · Evaluating program effectiveness; · Responding to emergencies; · Validating water quality models; or · Performing research. This Framework addresses the first purpose only. The status is a description of water quality at specific locations at specific times and is examined over a period of time to notice any trends resulting from natural or human-caused changes in the fiver. The data collected using this Framework will serve as a "baseline" or benchmark from which to assess furore changes. Baseline monitoring is the collection of physical, chemical, biological, and narrative information on the conditions of the fiver system Samples must be collected over a range of conditions, bcations and times to describe natural variability and detect trends. This requires sampling over a period of five years, at a minimmn, and preferably ten to twenty years. "Water-quality monitoring provides an objective source of information to answer questions that support the wise management of vital water resources" (ITFM, 1995). The Framework recognizes the importance of collecting data using scientific~y accepted principles and practices. The specific purpose of the Framework is to describe the process several organizations and concerned citizens can use to coordinate water quality data collection and analysis. A coordinated long-term water quality data collection plan will reduce overall costs. It will also provide a better understanding of existing conditions, an organized approach for collecting data, and detecting and reporting future changes in water quality. Within this document, the word "organizations" refers to the collective list of local governments, state and federal agencies, tribes, nonprofit organizations, colleges and schools, who will use the Framework. How to Use the Framework The Framework is designed as a guide and reference for a variety of organizations that conduct baseline water quality monitoring in the Kenai River watershed. It is a guide to fitteen generally agreed upon elements of baseline water quality monitoring. It is a reference for identifying the level of data quality for a specific monitoring effort, a schedule for coordinating among various organizations and the sharing of water quality data. Any organization or individual who wants to contribute to the baseline water quality data on the Kenai River compares the fifteen elements of baseline water quality Framework for Water Quality Monitoring of the Kenai River (Draft) 2 May 14, 1998 monitoring (see pages 8 to 27) with their monitoring efforts. In this comparison they determine how closely their monitoring efforts align with these elements. Next, they decide whether they want to take the steps to meet these agreed upon elements and contribute their data to the coordinated approacl~ Finally, those who do want to contribute meet periodically to share their results and discuss ways to improve coordination of monitoring activities. The Framework consists of three major sections: o A s~ of watershed issues and results of previous water quality monitoring; e A description of fifteen recommended elemems for all organizations conducting baseline water quality monitoring; and e Recommendations for implememation of the framework and evaluation of the framework in five years. BACKGROUND INFORMATION Previous Reports and Monitoring Efforts ., There are more than 200 research documems and reports (Boggs, Davis and Milner, 1997) and more than 90 agency authorities and activities (Seaman, 1995) related to the Kenai River watershed. As of 1995 there were 24 agencies, local governments and non-governmental organizations conducting activities related to the Kenai River (The Nature Conservancy, 1995). These three reports are important eomributions to understanding the Kenai River watershed. The following is a summary of the reports and activities specific to water quality investigations: 1. The Alaska Department of Natural Resources (ADNR) recently updated the Kenai River Comprehensive Management Plan (ADNR, 1997). The Comprehensive Plan has six recommendations specific to water quality and several that are related to water quality data collection and storage. Recommendation 4.5.9.1 specifically recommends the preparation of a water quality study. Recommendation 4.5.10.2.2 details developing systematic, long-term collection of water quality information on the Kenai River. This Framework fulfills Recommendation 4.5.10.2.2. Framework for Water Quality Monitoring of the Kenai River (Draft) 3 May 14, 1998 2. The U.S. Geological Survey (USGS) is beginning a National Water-Quality Assessment (NAWQA) in the Cook Inlet Basin. This ten year effort will include the Kenai River (USGS, 1997). The program is designed to provide a sound understanding of factors that affect water quality and describe the status and trends within the selected areas for comparison with other fiver systems in the United States. The NAWQA program will provide key water quality monitoring stations for long-term trend analysis within the Kenai River watershed. 3. An Upper Kenai River Cooperative Plan (UKRCP) (U.S. Forest Service, 1997) was recently completed through the collaborative efforts of the following agencies and organization: the Chugach National Forest, U.S. Forest Service; Kenai National Wildlife Refuge, U.S. Fish & W'fld~e Service; Division of Parks and Outdoor Recreation, Alaska Department of Natural Resources; Alaska Department ofFish and Game; Kenai Peninsula Borough; Cook Inlet Region, Inc.; and local residents. The UKRCP was developed to identify the limits of acceptable change within the upper fiver. It includes water quality among its list of values to be maintained or enhanced. 4. The Alaska Department offish & Game (ADF&G) initiated a two-year investigation in the fall of 1989 to assess water quality and establish baseline information for evaluating future impacts from recreation and development (Litchfield and Kyle, 1992). This was a multi-agency project in cooperation with ADNR, the U.S. Fish & Wildlife Service (USF&WS), and the Kenai River Special Management Area Board (KRSMA). 5. The Alaska Departmem of Environmemal Conservation (ADEC) has conducted an assessment to determine sensitive, high value wetlands critical to habitat and hydraulic functions and to describe hydrogeomorphie (HGM) methods. ADEC and the U.S. Environmental Protection Agency (USEPA) set requirements and standards for water quality monitoring as part of compliance with permit conditions. 6. Cook Inlet Keeper has started a Citizens' Environmemal Monitoring Program for evaluating physical and chemical parameters in a comprehensive Cook Inlet area water quality monitoring program (Cook Inlet Keeper, 1997). Initially the program will focus on Kaehemak Bay, then extend to other waters throughout Cook Inlet. The Kenai Watershed Forum has started a water quality monitoring program with assistance from Framework for Water Quality Monitoring of the Kenai River (Draft) 4 May 14, 1998 Cook Inlet Keeper, ADF&G and ADEC. The Forum focuses on working with people interested in citizen monitoring of water quality along the Kenai River and its tributaries. 7. Several citizens groups have conducted water quality studies. Trout Unlimited received a Nonpoint Source Pollution grant from the Alaska Department of Environmental Conservation. Trout Unlimited, working with ADF&G, sampled benthic invertebrate populations upstream and downstream of stormwater drains in the Soldotna area to assess the impacts on water quality. The University of Alaska Anchorage's Environment and Natural Resources Institute (ENRI) has studied biological assessment techniques on the Kenai River and several tributaries (Major and Barbour, 1998). The Cook Inlet Regional Citizens Advisory Council has collected samples in the intertidal area of the Kenai River for sediment and hydrocarbon analysis (Susan Saupe personal communication 1997) 8. Several schools in the Central Peninsula are operating Adopt-A-Stream programs with the assistance of the USFWS, ADF&G, The Nature Conservancy of Alaska, and the Kenai River Center. Environmental Setting The Kenai River watershed has characteristics that make it a unique ecosystem. The fiver originates as melt water from glaciers and snowfields in the Kenai Mountains. The fiver flows north and west to Cook Inlet and passes through two major lakes, Kenai Lake and Skilak Lake. The watershed supports a total of 32 fish species, 21 species of ~ waterfowl, and has habitat for moose, bear, lynx, caribou, wolves, and numerous other mammals. For detailed descriptions of the Kenai River watershed, refer to the following reports: U.S. Department of Agriculture, Soil Conservation Service, 1994; The Nature Conservancy of Alaska, 1995; Alaska Department of Natural Resources, 1997; and Boggs, Davis and Milner, 1997. Watershed Issues The Soil Conservation Service conducted an extensive evaluation of resource issues in the Kenai watershed and reported their finds in the Kenai River Cooperative Basin Study: Technical Report (U.S. Department of Agriculture, Soil Conservation Service, 1994). This Study identified eleven issues that may be (or will become) significant along the lower Kenai River (not listed in any order of priority): Framework for Water Quality Monitoring of the Kenai River (Draft) 5 May 14, 1998 le 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Seepage from septic tank adsorption adds; Increase in fecal coliform levels in ground and surface water; Changes in water quantity; Disturbance and destabili?ation of riverbank soils; Loss of riverbank-protecting vegetation; Loss of fish-re.g-related vegetation; Increase in sediment nmo ff; Increase in waterborne pollutants; Alteration of wetland hydrology; Alteration of wetland-related fish habitats; and Alteration of plant communities. The Kenai River Comprehensive Management Plan (ADNR, 1997) also identified major issues within the watershed. They are (not listed in any order of priority): 2. 3. 4. 5. increased impacts by recreational users, developmem within the fiver corridor, water quality impacted by wastewater discharges into the fiver, runoff from paved areas, and increased development along the shore of the lower fiver. These two reports describe a watershed in transition from relatively little development or impacts on the river thirty years ago to a watershed that has specific areas where human impacts affect the fiver. Many of the impacts are due to increases in resident population and visitor use. The population growth of communities along the Kenai River has increased dramatically since 1970 (Table 1) (USF&WS, 1995). Another impact to the fiver is the increase in visitation. The number of visitors to the Kenai River increased 36 percent from 1989 to 1993 (USF&WS, 1995). The largest number of visitors to the Kenai Peninsula are from the Anchorage area. Data indicates overall use may be stabilizing and even reducing in average length of stay and number of annual visits. However, non-residem visitors are growing substantially (USF&WS, 1995). Framework for Water Quality Monitoring of the Kenai River (Draft) 6 May 14, 1998 Table 1. Population Growth of Communities within the Kenai River Watershed, 1970 - 1995. , , City/Census Area ! 970 1980 1985 1990 1995 Cooper Landing. --- . 116 .386 243 283 Sterling --- 919 1,732 3,802 4,949 Ridgeway ......... 2,018 2,312 Soldotna (city) 1,202 2,320 3,8.18 3,482 3,990 Kenai (city) 3,533 4,324 6,518 6,327 7,006 , Total Borough 16,586 25,282 39,144 40,802 46,759 ,, Source: Alaska Department of Labor. Existing Water-Quality Existing water quality data for the Kenai River watershed primarily comes from two sources: USGS and ADF&G. The USGS data provides an intermittent historical record (from 1950's to 1990's) for a wide range of physical and chemical parameters within the Kenai River and selected tributaries. The ADF&G studies, conducted in 1989, 1990 and 1991, monitored stations from the fiver mouth upstream to Kenai Lake and seven tributaries (Litchfield and Kyle, 1992). The conclusion of the ADF&G study states, "... this watershed as a whole is not suffering any major impacts from present usage." The report does go on to describe elevated levels of hydrocarbon compounds and fecal coliform bacteria in portions of the lower fiver, but they do not exceed water quality standards. The ADF&G report recommends conducting smiling at stations representing the upper, middle, and lower fiver a minimum of twice a year. Appendix A provides a sumnm~ of the water quality sampling conducted within the Kenai River watershed. Boggs, Davis and Milner (1997) reviewed the existing data and provided a series of research suggestions: le The importance of recognizing the interactions of the -- mainstem, tributaries, wetlands, and lakes -- in providing a healthy fiver system; e The importance of water temperature to aquatic ecosystem dynamics and the need to conduct continuous water temperature sampling in the mainstem and tributaries; Framework for Water Quality Monitoring of the Kenai River (Draft) 7 May 14, 1998 . The importance of cominued monitoring of hydrocarbons and coliform bacteria which have been documented at elevated levels in the lower Kenai River; and e The need for a better understanding of seasonal variation in the macroinvertebrate community composition and structure in the mainstem Kenai River and tributaries is required to provide a baseline l~om which to detema_ine significant changes. Boggs, Davis and Milner (1997) did not provide an overall assessmem of sampling locations or recommend locations for cominued baseline sampling. ELEMENTS OF BASELINE WATER QUALITY MONITORING There are many organizations involved with collecting baseline water quality data in the Kenai River watershed. The Framework describes fffieen specific areas that serve as common elements to link all baseline water quality monitoring within the Kenai River watershed. By creating a common link, the elements serve to coordinate baseline water quality monitoring among a variety organizations while leaving the flexibility for each organization to follow their own specific mandates, requirements, or procedures. The Framework recognizes the importance that local monitoring efforts address local concerns while being consistent with recommendations developed during national discussions of improving coordination of water quality monitoring. A national level task force reviewed water quality monitoring efforts of federal and state agencies, local governments, tribes and volunteer organizations. Their recommendations are described in "The Strategy for Improving Water-Quality Monitoring In the United States," (ITFM, 1995). The report includes a series of recommendations for groups (such as the Kenai River Work Group) to consider when developing coordinated water quality monitoring plans. The ITFM report, several reports developed by the Volunteer Environmental Monitoring Network (VEMN, 1996a, 1996b, 1997), the Kenai River-specific reports (described above), and eight meetings of the Work Group to discuss local water quality issues serve as guiding information in the development of the following elements. Framework for Water Quality Monitoring of the Kenai River (Draft) 8 May 14, 1998 Goals and Objectives The goal of the Framework is to provide a water quality monitoring strategy to ensure the environmental integrity of the Kenai River watershed. There are four objectives to ensure achievemem of this goal: . Develop a coordinated approach to water quality monitoring; . Develop an implememation strategy to carry out the water quality monitoring efforts; e Develop an evaluation assessmem to review the results of water quality monitoring and describe a process to make adjustments to the Framework; and o Develop a public outreach/education plan. These objectives guided the Work Group in the development of this Framework. Boundaries of Baseline Water Quality Monitoring This Framework recognizes the importance of the emire Kenai River watershed to the water quality of the Kenai River (Figure 1). The Kenai River watershed is comprised of eight generalized hydrologic subsystems (TNC, 1995): mainstem riverine, tributary riverine, upland terrestrial, eomiguous wetlands and riparian habitat, lakes, lowland wetlands, estuarine, and ocean. Most of the water quality sampling to date has focused on the mainstem riverine and tn'butary riverine subsystems. Reference Conditions It is important to idemify the reference conditions when developing a baseline of water quality data. The reference condition is defined as the physical, chemical, or biological quality or a narrative of the condition that is exhibited at either a single site or an aggregation of sites that represent the least impacted conditions (ITFM, 1995). The reference condition serves as the base from which to measure change. Because of the Framework for Water Quality Monitoring of the Kenai River (Draft) 9 May 14, 1998 I I · J.'~'l N I )4000 complexity of the river system~ reference conditions will need to be identified by specific reaches of the mainstem and tn'butaries. Data User The overall customer, or users, of the data generated by this plan are people interested in the existing water quality of the Kenai River and any changes in water quality over time. These users include: local residems, local govemmem staff, state resource agencies, federal land managemem agencies, community volunteers, school teachers and children, and recreational users. Each user has distinct reasons for being interested in water quality information. Prior to an individual or organization collecting water quality data, it is important they idemify who will use the data (whether it is themselves or some other group/agency) and what the specific users needs are. The variety of data uses include: educating of school children; educating community members; understanding existing conditions; managing resources or land; or comparing with other watersheds. Data Quality Goals Each group collecting data wants to make sure the data they collect will be useable for the intended use. The Framework identifies four broad categories describing the link between data quality and its intended use. The purpose of these broad categories, referred to as data quality goals, is to provide descriptions of specific portions of the eominuum of scientific detail, time, effort, expense, and commitment that is available in the science of water quality monitoring (VEMN, 1997). The data quality goals are referred to as "Levels" and are arranged in increasing order of scientific detail, effort and cost. Level One: To increase awareness and knowledge of resource values and conditions. This level is to provide an awareness of water resource values and conditions to aid in individual and community understanding. This does not require rigorous sampling and analytical methods. Framework for Water Quality Monitoring of the Kenai River (Draft) May 14, 1998 Level Two: To provide evaluation and assessment at the community or watershed scale. To aid community members with learning about and understanding water quality. There is scientific precision to detect gross changes, though techniques might not notice subtle changes. This data is to aid in education of volunteers and landowners, to provide resource managers with information to identify trends early, and to provide a foundation of information relatively easily and inexpensively. Level Three: To meet evaluation and assessment requirements of state and federal agencies. This level is to provide data to aid agencies with understanding the resource, detecting any changes in conditions that may affect the river's water quality and assisting local decision makers with accurate data. Data collected at this level will be able to detect subtle changes over time and space. Level Four: To meet scientific requirements for comparison studies. This level requires a very high degree of scientific understanding and practice. Data collected at this level requires use of the most precise, accurate and sensitive methods with a rigorous program to assure data quality. Data collected at this level uses chain-of-custody procedures to track sample from field to lab to data entry, data storage and presentation. These Levels make it possible to describe the relationship of aa Adopt-A-Stream program conducted by elementary school children (typically a Level One) with ADF&G monitoring using scientifically trained personnel with a detailed quality assurance project plan (typically a Level Three). Another example is the volunteer monitoring conducted by the Kenai Watershed Forum with citizens supervised by trained personnel. They may collect data at either a Level Two or Level Three. The difference is based on the detail of the quality assurance progrmn, the education of volunteers and supervisor, and the type of equipment and methods used. The more detailed, the more training, and precise equipment would be in the Level Three. Each of these examples describe a distinctly Framework for Water Quality Monitoring of the Kenai River (Draft) 12 May 14, 1998 different monitoring effort, yet they all contribute to a coordinated description of the water quality of the Kenai River. It is important to identify the Level, the data quality goal, early because many of the following elements include these Levels and refer to Level One, Two, Three or Four. Data-Quality Objectives The selection of methods for data collection and analysis are important to ensure the data quality meets the needs required by the users. Data quality objectives describe the quality of the data. There are quantitative (numerical) and qualitative (narrative) terms. Specifica~y, data quality objectives are described as "...delineation of the limits of precision and bias of measurements, the completeness of sampling and measurements, the representativeness of sites relative to the program objectives, the validity of data, and so forth" (ITFM, 1995). The Framework does not recommend specific data quality objectives for each level. Each organization collecting water quality data at Levels Two, Three and Four should determine the data quality objectives they will use and include them in their data reports. See Murdoch et al. (1996), USEPA (1996), or VEMN (1997) for a detailed description of how to determine a data quality objective. Quality-Assurance It is important to know that water quality data meet a defined standard of quality. If the data is not credible for the purpose for which it was collected, it may not be useful to the intended user. The best way to ensure data are credible is to make sure they are collected according to the Quality Assurance for the particular Level. Quality Assurance is an "integrated management system designed to ensure that a product or service meets defined standards of quality with a stated level ofconfidence"(USEPA, 1996). This includes planning quality control, quality assessment, reporting, and quality improvement. For Level One no study plan or quality assurance plan is required. For Level Two develop a basic written study design (see VEMN, 1997, as an example). For Level Three develop a quality assurance project plan (see USEPA, 1996, as an example). For Level Four develop a quality assurance project plan (see USEPA, 1996, as an example) and use chain of custody procedures. Most federal and state funding sources require that a quality assurance project plan be developed prior to sampling. It is important to recognize the differences in quality assurance practices for each Level. Framework for Water Quality Monitoring of the Kenai River (Draft) 13 May 14, 1998 Monitoring Locations The Kenai River mainstem is divided into reaches, with reach numbers assigned to the flow path through Skilak and Kenai Lakes. There are two systems for labeling the reaches of the Kenai River mainstem: the Kenai River Comprehensive Management Plan (ADNR, 1997) and An Assessment of the Cumulative Impacts of Development and Human Uses on Fish Habitat in the Kenai River (Liepitz, 1994). The Work Group selected the fiver miles (RM) for reaches idemified in Liepitz (1994), adding reaches for Skilak Lake and Kenai Lake and the Kenai River above Kenai Lake. · Reach 1 - RM 0.0 to 10.0 Intertidal · Reach 2 - RM 10.0 to 17.6 Transitional · Reach 3- RM 17.6 to 39.5 Entrenched · Reach 4 - RM 39.5 to 50.0 -- · Reach 5 - RM 50.0 to 65.0 Skilak Lake · Reach 6 - RM 65.0 to 82.0 Skilak Lake to Kenai Lake · Reach 7 - -- Kenai Lake · Reach 8- -- Above Kenai Lake The Kenai River tn'butaries included in this Framework are: Beaver Creek, Slikok Creek, Soldotna Creek, Funny River, Moose River, Killey River, Russian River, and Cooper Creek. Other tributaries may be included later, depending on interest by an organization or group participating in the Framework. Monitoring locations are typically selected based on two methods: statistical or targeted design. Statistical based designs include random selection of site locations or time of day of sample collection to provide an unbiased assessment of the waterbody. Targeted designs select sites because they sample an area with a known problem or an area that has the potential to develop a problem. The Work Group developed a site selection process that combines aspects of both methods (see Appendix B for a description of the site selection process). The Work Group conducted a preliminary selection of monitoring locations for the rnainstem (Table 2) and selected tributaries (Table 3). Prior to starting long-term sampling at these, sites, field visits are necessary to check the accessibility, representativeness of the location within the reach, and the ability of the site to provide data in the long-term interest of data users. Framework for Water Quality Monitoring of the Kenai River (Draft) 14 May 14, 1998 Indicators of Water Quality Indicators provide information on environmental and ecosystem quality or give reliable evidence of trends in water quality. An environmental indicator is "a measurable feature which singly or in combination provides rnanage~ and scientifically useful evidence of environmental and ecosystem quality or reliable evidence of trends in quality" (ITFM, 1995). Indicators encompass a broad suite of measures that include tools for assessment of physica[, chemical/toxicological, and biological/ecological conditions and processes at several scales. Selection of indicators includes: le Sciemific Validity- the methodology should produce data that are valid and quantitative or qualitative and allow for comparisons on temporal and spatial levels; e Practical Considerations- monitoring costs, availability of experienced personnel, generally accepted methods, the practical application of technology, and the environmental impacts caused by the monitoring; and Programmatic Considerations - relevance of the indicator to objectives of the data user, can the indicator be communicated to decision makers and the general public, and do the indicators include the range of environmental conditions that can be expected. The Framework focuses on baseline water quality monitoring and recommends three standard suites of indicators: Basic, Rigorous and NH IVQA. The Basic suite consists of indicators that are collected and tested in the field and do not require laboratory testing. The Rigorous suite includes the Basic Indicators plus additional indicators specific to monitoring the long-term health of the Kenai River. Many of the indicators in the Rigorous suite require laboratory testing. The NA WQA suite consists of a set of indicators for comprehensive measurement of a watershed. The NA WQ.d suite of indicators are part of a comparison of watershed conditions and have sampling protocols specific to the National Water Quality Assessment program. Using a suite of indicators is one means to ensure consistency of water quality information that is collected by a variety of organizations. This consistency contributes Framework for Water Quality Monitoring of the Kenai River (Draft:) 17 May 14, 1998 towards a uniform measurement of the water quality conditions within the watershed. (See VEMN, 1996a for a detailed description of the rational for selecting specific suites of indicators.) The indicators in each of the three suites are' Basic Discharge or Channel width, depth and water velocity or link with a reference staff gage with rating curve Type of vegetation Bank and channel geometry Air and Water Temperature Benthic Macroinvertebrates Conductivity Dissolved Oxygen Hardness Nitrate pit Turbidity __ (See Murdoch et al., 1996; VEMN, 1996b.; or Major & Barbour, 1998 for a description of these indicators.) . Rigorous Add the following to the indicators listed in the Basic suite: Physicfl Parameters Substrate embeddedness andcobble size General Tests Total and Dissolved Nutrients Specific Conductance Alkalinity Color Total Solids Total Dissolved Solids Suspended Solids Total Phosphorus Total Filterable Phosphorus Filterable Reactive Phosphorus Total Kjeldahl Nitrogen Total Ammonia Nitrate & Nitrite Reactive Silicon Framework for Water Quality Monitoring of the Kenai River (Draft) 18 May 14, 1998 Rigorous (cont.) Trace Metals Biological Parameters Arsenic Cadmium Calcium Chromium Copper Iron Lead Magnesium Zinc Fecal Coliform Bacteria Biochemical Oxygen Demand Periphyton Hydrocarbons GRO/BTEX DRO/RRO (See APHA Standard Methods, agency lab manuals, in additional to the references listed for the Basic suite, for a description of these indicators.) NAWQA The NAWQA indicators are collected at varying sample frequency during two years of continuous monitoring of streamflow and water chemistry. Water column samples are collected monthly regardless of flow conditions, with the exception of November, January, March and April, and during high flow from snowmelt and rainfall. Water column samples are analyzed for major anions and cations, nutriems, dissolved and suspended organic carbon, and suspended sediment. Field measured indicators include water temperature, specific conductance, pH, alkalinity and dissolved oxygen. Water temperature is measured at least momhly, with a preference for a cominuous record during ice-free periods. Once per year during the two year period the following attributes are measured in a stream reach 150 to 300 meters in length: le e 4. 5. 6. 7. 8. 9. Stream wetted and bankfixIl width; Depth, velocity, bed substrate, and substrate embeddedness at three points in each of eleven transects; Bank angle, height, vegetative cover, and substrate stability; Gradient; Geomorphic features (bars, shelves, islands); Dominant riparian land use; Riparian canopy; Channel shading; Habitat cover; Framework for Water Quality Monitoring of the Kenai River (Draft) 19 May 14, 1998 10. 11. Algal communities (qualitative multi-habitat sample for species presence/ absence and quantitative sample for abundance); and Macroinvertebrate communities (same types of samples as for algae relative abundance of fish community; Once during the two year period: . Bed sedimems are analyzed for trace elemems, and semi-volatile organic compounds (like benzenes); and Fish (sculpin) tissues are analyzed for trace elemems and organochlorine pesticides (like DDT) and PCB's. Numerous basin scale variables are described for the watershed upstream from the gaged location, including: le 2. 3. 4. 5. 6. 7. 8. 9. 10. Drainage area, Stream length, Basin length, Land use, Population and water use, National Pollution Discharge Elimination System Permit locations, Basin relief and gradient, Drainage density, Precipitation, and Mean elevation, Segment scale variables include: 1. Sinuosity, 2. Water management features (dams, diversions, bridges), and 3. Gradient. 4. (Contact USGS for a listing of the publications that describe the NAWQA protocols.) The Framework recommends collection of the Basic suite of indicators, as a minimmn, at every site. It is recognized some organizations collect indicators specific to their particular mandate or interest that are not listed in any of the three suites described above. The Framework does not limit organizations from collecting more than what is recommended, however, it does recommend collection of the minimum suite of indicators. The minimum suite serves as the foundation of a coordinated description of baseline water quality in the Kenai River watershed. The suite of indicators are not specific to any particular data quality goal. In practice it is anticipated that the Basic suite will be collected at Level One, Two, or Three; Framework for Water Quality Monitoring of the Kenai River (Draft) 20 May 14, 1998 while the Rigorous suite will be collected at Level Three or Four. Any sciemific comparison studies that use chain of custody will be collected at Level Four. Monitoring Schedule The timing of sample collection should be scheduled to best characterize the variability in the system. The importance of timing of sampling will vary depending on the Level being sampled. For Level One the timing will be based more on convenience of the people conducting the monitoring. For Level Two the timing will be based on the convenience of the people conducting the monitoring or on a specific monitoring schedule to characterize variability in the fiver system. For Levels Three and Four the timing should be determined based on a range of low-discharge, high-discharge, early spring, mid-summer, late-fall sampling based on the monitoring locations selected. The Framework recommends sample collection in a range of conditions to fully characterize the variability in water quality. Data Managemem Data managemem includes the recording process for the collection, analysis, preparation, presentation and storage of data. Uniformity in data reporting formats allows for greater sharing and transfer of data among potential data users. The minimum data elements for every Level to provide, in addition to the results of the sampling, are the following: le 2. 3. 4. 5. 6. Site Name Site Number Latitude and Longitude or GPS coordinates Water-body name (from the USGS map) and ADF&G cataloged stream number Collection start and finish date (if they are differem) and time of sampling Collecting individuals and organization For Levels Two, Three, and Four data management should be described in the study plan or quality assurance project plan. The Framework recognizes the need for a watershed data management plan and recommends including discussion of data management in the technical forums each year (see below) and, as organizations can, move towards a common set of data elements, reporting formats, and Intemet availability 'Framework for Water Quality 21 May 14, 1998 Monitoring of the Kenai River (Draft) ofinformatior[ The Strategy for Improving Water-Quality Monitoring in the United States (IFTM, 1995) includes a detailed discussion of data elements and data management considerations. Coordination Water quality monitoring is typically a multi-organization effort. Most monitoring on the Kenai River consists of two to five organizations working together. Expanding monitoring to include a larger number of organizations requires that coordination be a key element of any monitoring effort. This element includes an annual calendar of meetings, working with existing meeting schedules, for coordinating the discussion of technical issues related to monitoring and providing the community with the results of monitoring efforts (Table 4).' The once a year technical meeting would include a large variety of organizations to discuss: the results ~om the previous year, outline ways to improve coordination, discuss funding proposals for the next year, and fine-~e details of their monitoring efforts. While a sub-committee would address on-going coordination issues such as conducting joint training, discussing issues as they arise or planning education activities. The sub- committee would be part of an existing organizations such as KRSMA Board rather than establishing a new organization. This Framework proposes a new approach to water quality monitoring and recognizes the need for formal, and informal discussions among interested parties to sort through the questions and issues that arise in implementing this Framework. The idea is that the activities (in Table 4) provide the more formal times to meet and discuss issues. Informal coOrdination will occur through email, phone calls, etc. Public Education and Information Exchange It is important for organizations conducting monitoring to recognize the benefits of contributing to a wider community understanding of the results. School programs introduce students to the basics of water chemistry. Volunteer programs introduce adults to the basics of water quality monitoring. Businesses who partner with school or volunteer programs learn about water quality monitoring. Understanding the water quality of the Kenai River can enhance a sense of stewardship among community members and contribute to a well-informed community which makes reasonable decisions regarding Framework for Water Quality Monitoring of the Kenai River (Dratt) 22 May 14, 1998 Z water quality. This elemem describes the public education activities which can be linked to any monitoring effort. There are currently seven schools that have one or more teachers participating in the Adopt-A-Stream program. The teachers borrow test kits that are stored at the Kenai River Center. The Nature Conservancy of Alaska, ADF&G, and USF&WS staff contribute time to assist teachers. This program can be enhanced through the purchase of more samp~g kits, providing more in-service training for teachers, and making available additional staff or volunteers to assist the teachers during field trips. Another aspect of community education is an annual community forum to focus on river-fi'iendly practices and a combined presentation of results of each Level of monitoring. This is where monitoring efforts of a variety of organizations can be explained to the public. It is also a place where people can lean who they can call with specific questions about the fiver (Table 5). The forum would cover more than just water quality; it could include among its activities presentations by school children, volunteers, agencies, and tribes on the previous years' efforts. Other activities include workshops on how individuals and businesses can become more river-friendly in operation and maintenance of their apartments, homes, yards, parking lots, or fishing practices. Additional ways to ensure information exchange is a series of monthly or quarterly community roundtable discussions on water quality related topics. These discussions would mn from September to April, be held either at lunchtime or in the evening, and include a range of perspectives from the community. The intent of these discussions is to provide community members a place to learn information, listen to a range of opinions, and express their views. The goal of these meetings is for a range of points of view on the topic to be heard. These roundtable discussions can be used to discuss topics of local interest. Another aspect of public education is to train a group of volunteers, through Level Two or Level Three monitoring, so they have a basic understanding of'the water quality and the natural variability in the Kenai River and its tributaries. Once or twice a year a training session would be organized for volunteers. These volunteers could then assist local schools with the Adopt-A-Stream field trips. These volunteers could also assist specific aspects of Level Three or Four monitoring projects to obtain additional data. Funding Funding for water quality projects Comes from several sources: organization staff and school teachers adding the monitoring to their "other duties as assigned," a particular Framework for Water Quality Monitoring of the Kenai River (Draft) 24 May 14, 1998 TABLE 5. WHO TO CALL WITH QUESTIONS ABOUT TI~ RIVER. Topic/Question Agency/Organization URL for World Wide Web Phone Number Oil Sheen Septage problems Dead fish in fiver Dept. of Environmemal Conservation http ://www. state.ak.us/local/ak.pages/ ENV.CONSER/dspar/dec_dspr.htm Dept. of Environmemal Conservation http ://www. state.ak, us/local/ak, pages/ ENV.CONSER/dawq/ dec_dawq.htmgshed Alaska Dept. ofFish & Game 262-5210 262-5210 262-9368 Habitat Protection Grant Application Tax credit on bank restoration Adopt-A-Stream Program Volunteer Citizen Monitoring River discharge Kenai River Cemer http ://www. bo rough, kenai, ak. us/ KR/ver.htm Kenai River Center The Nature Conservancy of Alaska Alaska Dept. o f Fish & Game Alaska Water Watch Program http ://www. stat e. ak. us/lo cal/akpages/ FISH. GAME/sportf/geninfo/aq_ed/ awwstml/awwmnl .htm US Fish & Wildlife Service Kenai Watershed Forum http://www.kenaiwatershed.org Cook Inlet Keeper http ://www. xyz.net/-keeper/ U.S. Geological Survey http ://www. water, ak. usgs. gov/projects/ kenai_proj.html 260-4882 260-4882 262-6377 465-6186 262-9863 260-5449 235-4068 Framework for Water Quality Monitoring of the Kenai River (Draft) 25 May 14, 1998 agency obtaining a line-item budget for water quality monitoring, or nonprofit organizations obtaining federal or state agency grants. The funding required for monitoring varies depending on how many locations are selected for sampling at a particular Level. The following estimated costs are included only to provide an example of the approximate cost. The actual costs will vary depending many factors. Information needed to calculate the actual costs include: the number of sites, the Level- the data quality goal, the suite of indicators, how many times sampled during the season, the personnel costs, and the amount of collaboration among various organizations. . Funding of Level One monitoring consists of agency and nonprofit organization staff and school teachers adding the work among "other duties as assigned," or including the monitoring as part of the existing curriculunz Sampling kits and equipment are purchased from organization budgets. Additional funding sources include local businesses to sponsoring a kit or school. Costs per sampling kit range firom $200 to $500, depending on number of supplies purchased. One kit might last several schools two or three years, depending on use per school. Funding of Level Two monitoring includes agency staff eonducting monitoring as part of existing projects, using existing equipment. Nonprofit organizations submit grant requests to state and federal agencies to conduct training, purchase equipment, conduct analyses, and coordinate volunteers. The estimated cost per site for one season of Level 2 monitoring for the Basic suite of indicators by a citizen volunteers is $400 to $500, for an agency it would be higher (including agency salaries and overhead). Funding of Level Three monitoring includes project-specific budget requests in state or federal agency appropriations. The lead-time for this funding is typically one to two years. The estimated cost per site for one season of agency monitoring at Level Three for the Rigorous suite of indicators is $4,500 to $5,500. This amount would be reduced with in-kind support from agencies, nonprofit organizations, or community support. Nonprofit organizations submit grant requests to state or federal agencies to fund monitoring efforts. The estimated cost per site for one season of volunteer monitoring at Level Three for the Basic suite of indicators is $1,500 to $2,000. Funding of Level Four monitoring includes project-specific budget requests in agency budgets. For example, the USGS, Water Resources Division appropriations fund specific projects such as a national assessment of water quality. Interested partners can supplement the base amount of fund~g provided by Congress to increase the number of sites monitored. Monitoring using the N~4 WQ,4 suite of indicators requires the use of , Framework for Water Quality Monitoring of the Kenai River (Draft) 26 May 14, 1998 protocols specific to the national assessment. The estimated cost per site for one season of agency monitoring of the indicators listed above ranges from $85,000 to 100,000. Potential fun~g sources available are' agency base budgets; cost challenge grants; various Clean Water Act grants - 319 nonpoint source grants, 104(b)(3) grants, 106 grants; EXXON Valdez Restoration grants; Capital Improvement Projects (state funding); State Clean Water Revolving Fund; cost-sharing projects with the Corps of Engineers; chambers of commerce; sport fishing groups; direct federal funding; sponsorships; industry funding; or water quality monitoring tax credit (proposed in the Alaska Legislature). Reporting Back to the Community A key element to any monitoring effort is reporting the results to the decision- makers in the community. There are several decision-making bodies to present monitoring results to, they include: the Kenai Peninsula Borough Assembly, the Kenai and Soldotna city councils, and the KRSMA Board. These presentations would include an update on the results of their activities, describing the results of the past six months and proposed activities for the next six months. These presentations would summarize the main results of the monitoring and provide the decision-makers with an opportunity to discuss with the organizations conducting monitoring what they are fin~g and potential trends in water quality. The presentations and meetings descn'bed in the elements Coordination, Public Education, and Reporting Back to the Community are all described in Table 4. It is intended that the presentations and meetings improve communication rather than place a burden on organizations conducting monitoring. SUMMARY The fifteen elements described above form the core of a coordinated baseline water quality monitoring effort for the Kenai River. The use of the data quality goals (Levels One -Four) distinguish the quality of data collected by organizations where the people have little or no training and no quality assurance plan, and data collected by organizations where the people have many weeks of training and a carefully planned quality assurance plan. This makes it so a variety of people and organizations can collect data and use it for improving the knowledge of the Kenai River. Appendix C presents a table summarizing Framework for Water Quality Monitoring of the Kenai River (Draft) 27 May 14, 1998 many of the details involved in applying these fifteen elemems to a specific monitoring effort. The approach describe~ in this Framework appears complicated at first glance. The approach will take some work to learn and apply. However, it provides a way for a variety of organizations to work together to develop a common understanding of the water quality of the Kenai River. IMPLEMENTATION PLAN The Implementation Plan describes the activities necessary to complete development of the Framework and coordinate monitoring efforts. There are three activities to complete the Framework: 1. Field checking of monitoring locations (Tables 2 and 3) and selecting the locations for the long-term monitoring sites; 2. r¢¢onvcn¢ the Work Group in the fall to make any revisions to the Framework based on this seasons field work; and 3. conduct a community meeting to present the framework to the public and solicit their comments on it. The Framework will be revised based on public and agency commem and then will be presented to the Kenai River Special Managemem Area Board to ask them to use it to guide baseline water quality monitoring on the Kenai River. At, er acceptance by the KRSMA Board the State of Cooperation will be circulated. Organizations who are willing to follow this Framework are asked to sign a Statemem of Cooperation (see Appendix D). This Statement describes some basic considerations in carrying out a coordinated monitoring effort. A Statement of Cooperation is used instead of a Memorandum of Understanding because of the wide range ofpotemial signers' schools, nonprofit organizations, local governments, tribes, and state and federal agencies. Typically, Memorandum of Understanding's are agency-to-agency agreements and do not include non-govemmem organizations. Table 6 provides an initial list of activities to continue efforts to coordinate water quality monitoring. This list of activities covers the period April, 1998 through December, 1999. It is anticipated that additional activities will be added to the Implementation Plan Framework for Water Quality Monitoring of the Kenai River (Draft) 28 May 14, 1998 during the fall of 1998 and winter 1998/99. In Table 6 there are empty boxes where there is not a dear lead agency or organization, or none has volunteered. During the fall and winter of 1998/1999 some of the key areas to work on are' obtain additional funding for sampling; develop and agree on mutually acceptable study designs for Level Two sampling and quality assurance project plans for Level Three sampling; develop a data management plan; discuss the relationship of Level 2, 3 & 4 sites: and coordinate smiling efforts for the 1999 field season. ADNR and ADEC submitted a proposal to the EXXON Valdez Oil Spill Trustees Council to fund a "Cook Inlet-Prince William Sound Information Clearinghouse" that would address many data management details. The date for knowing whether or not the grant is awarded is October 1998. If the proposal were accepted then the Kenai River watershed would be included in that project. If the proposal is not accepted then the Plan recommends developing a Kenai River watershed water quality data management plan. EVALUATION PLAN Once every five years the Framework should be evaluated in terms of meeting the goals and objectives. This evaluation should also review each element to determine if it continues to be relevant to baseline water quality monitoring and include recommendations on revising the element. This review should also include consideration of advances in agency, industry, or volunteer monitoring practices. Additional areas of consideration include: identification of problems associated with collecting and analyzing samples; storing, disseminating, and interpreting data; reporting the information to managers and the public; evaluation of the costs of the monitoring program relative to other factors, such as clean up costs, affected habitat, or economic impact of degraded water quality, if any. During the fourth annual technical meeting the organizations involved in monitoring should discussion the process for evaluation, select an independem third party to conduct the evaluation, and idemify additional considerations to address during the evaluation.. Based on the results of the evaluation, revise the monitoring efforts accordingly. Framework for Water Quality Monitoring of the Kenai River (Draft) 29 May 14, 1998 Z Z SELECTED BIBLIOGRAPHY WITH RESPECT TO KENAI RIVER WATER QUALITY MONITOR~G Alaska Department of Natural Resources. 1997. Kenai River Comprehensive Management Plan (Revision) Public Review Draft. Division of Land and Division of Parks & Outdoor Recreation, Anchorage, Alaska. Boggs, IC, J.C. Davis and A. M. Milner. 1997. Aquatic and terrestrial resources of the Kenai River watershed: A synthesis of publications. By Alaska Natural Heritage Progrmn, University of Alaska Anchorage. For the Environmental Protection Agency Alaska Operations Office, Anchorage, Alaska. Cook Inlet Keeper. 1997. The State of the Inlet. Homer, Alaska. 33 p. Intergovernmental Task Force on Monitoring Water Quality. 1995. The Strategy for Improving Water-Quality Monitoring in the United States. U.S. Geological Survey Open-File Report 95-742. Liepitz, G.S. 1994. An Assessmem of the Cumulative Impacts of Developmemand Human Uses on Fish Habitat in the Kenai River: A Summary of Development Impacts and Juvenile Chinook Salmon Habitat Alteration Occurring Within the Kenai River. Technical Report 94-6. Alaska Departmem offish and Game, Habitat and Restoration Division, Anchorage. Litchfield, V.P., and G.B. Kyle. 1991. Kenai River water quality investigation: annual progress report, 1989-1990 Number 111. Alaska Department ofFish and Game, Division of Fisheries Rehabilitation, Enhancement, and Development. Juneau, Alaska. 39p. Litchfield, V.P., and G.B. Kyle. 1992. Kenai River water quality investigation completion report. Number 123. Alaska Department ofFish and Game, Division of Fisheries Rehabilitation, Enhancement, and Development. Juneau, Alaska. 47 p. Major, E.B. and M.T. Barbour. 1998. The Alaska Stream Condition Index (ASCI)' a modification of the USEPA rapid bioassessment protocols. Prepared for the Alaska Department of Environmental Conservation, Anchorage, AK. Murdoch, T., M. Cheo and IC O~Laughlin. 1996. Streamkeeper's Field Guide: Watershed Inventory and Stream Monitoring Methods. The Adopt-A-Stream Foundation. 296 p. Framework for Water Quality Monitoring of the Kenai River (Draft) 34 May 14, 1998 Seaman, G.A. 1995. The cominued assessmem and managemem of cumulative impacts on Kenai River fish habitat. Alaska Department offish and Game, Habitat and Restoration Division, Technical Report 95-6. Juneau, Alaska. 26 p. and eight appendices. The Nature Conservancy of Alaska. 1995. Understanding and conserving Alaska's Kenai River Watershed. Prepared for the Alaska Department ofFish & Game with funding support from the U.S. Environmental Protection Agency. Anchorage, Alaska. 30p. w/appendices U.S. Dept. of Agriculture, Soil Conservation Service. 1994. Kenai River Cooperative Basin Study: Technical Report. U.S. Environmemal Protection Agency. 1996. The Volunteer Monitor's Guide to Quality Assurance Project Plans. EPA 841-B-96-003. U.S. Environmental Protection Agency. 1997. Washington Volunteer Monitors Aspire to Better Data in Nonpoint Source News-Notes. August/September 1997, Issue g49. U.S. Fish & Wildlife Service. 1995. The Kenai River Summit: An Interagency Approach to Watershed Management. Briefing booklet. Anchorage, AK. U.S. Forest Service. 1997. Upper Kenai River Cooperative Plan. 8p. U.S. Geological Survey. 1997. National Water-Quality Assessmem Program: Cook Inlet Basin, Alaska. USGS Fact Sheet FS-153-97. Anchorage, AK. 4 p. Volunteer Environmental Monitoring. 1996a. VEMN Guide to Volunteer Watershed Monitoring Options in the Merrimack River Watershed. Merrimack River Watershed Council. Lawrence, MA. Volunteer Environmental Monitoring. 1996b. Training Manual for Core VEMN Monitoring Parameters and Methods. Merrimack River Watershed Council. Lawrence, MA Volunteer Environmemal Monitoring. 1997. VEMN Merrimack River Watershed Study Design Workbook. Merrimack River Watershed Council. Lawrence, MA Framework for Water Quality Monitoring of the Kenai River (Draft) 35 May 14, 1998 APPENDIX A -- SUMMARY OF WATER QUALITY SAMPLING WITHIN Tt-~ KENAI RIVER WATERSH~ The following is a summary of locations water quality has been sampled in the mainstem or tributaries within the Kenai River watershed. This table does not include lakes, wetlands, or groundwater. The table starts with locations near the headwaters and works downstream. A tributary is listed where it enters the mainstem of the Kenai River. Tributary stations are listed from headwaters of the tributary to its confluence with the mainstem. The column headings are: River Mile - Location - The Kenai River mainstem fiver mile as listed in the report or by the source of information. Tributaries do not have identified tributary fiver mile. · The location is the name used in the referenced report or source of information. Where they are available latitude and longitude are listed. USGS stations lat/long are taken from Reference J. Agency/ These are the agency or organization that conducted the sampling, provided Organization - the funding or conducted analyses of the samples. They are typically the manager of the data collected. ADF&G CIRCAC ENRI KWF USFS USFWS USGS Alaska Department of Fish & Game Cook Inlet Regional Citizens Advisory Council Environment & Natural Resources Institute, University of Alaska Anchorage Kenai Watershed Forum U.S. Forest Service U.S. Fish & Wildlife Service U.S. Geological Survey Parameters - These are the parameters sampled at the locmtion. For the USGS locations the majority of parameters (though not all) are listed in Note 1, for an accurate listing see Reference N. Period of Record/ Frequency - These are the period of time when samples where collected, for locations with multiple sampling. Locations with single sample events are listed by date, where available. The frequency is how often the locations were sampled, it is listed where available. Data Source - This is the source of information listed in this table. The USGS information is taken from a summary report (Reference N), not from USGS publications. Most of the 1997 sampling data information is very preliminary and needs to be cross-checked by agency or organization personnel. I I l~I i · IIII i I I I I I I li I I .... i I I ii I I I I ] I I iiI i I I ill , i i , i ~ , . , , , . ,. , . , , . ,. , . , . , ..... . , , ...... ~ , , ...., , ~ · · ,, 0 o o o~oo~ooo~o -- , , ....... NOTES' The following are summaries of the water quality parameters sampled at locations referenced in the table. For specific details see the referenced report. le Water temperature, color, specific conductance, pH, carbon dioxide as CO2, alkliMty as CaCO3, bicarbonate as HCO3, carbonate as CO3, dissolved nitrate-N, nitrate-N as NO3, total phosphorus as PO4, manganese, total iron as Fe, hardness as CaCO3, non-carbonate hardness as CaCO3, dissolved calcimn, dissolved magnesimn, dissolved sodimn, sodium sorption ratio, sodium percent, dissolved sodium + potassium as Na, dissolved potassium as K, dissolved chloride, dissolved sulfate as SO4, dissolved fluoride, dissolvedsilca as SiO2, Strontimn, total dissolved solids (sm of constituents), total dissolved solids See Reference N Conductivity, pH, alkalinity, turbidity, cob, calcimn, magnesimn, iron, total P, TFP, FRP, TKN, ammonia, nitrate+nitrite, reactive silicon Dissolved metals: aluminmn, calcium, titanimn, chromimn, iron, nickel, zinc, cadmimn, lead, magnesi~ silicon, manganese, cobalt, copper, arsenic, selenimn, strontimn, barium and potassium See Reference E ge Specific onductance, pH, alkalinity, turbidity, colo, calcimn, magnesimn, iron, total P, TFP, FRP, TKN, ammonia, nitrate+nitrite, reactive silicon See Reference F e Conductivity, pH, alkalinity, turbidity, colo, calcimn, magnesimn, iron, reactive silicon, water temperature, benthic macroinvertebrates See Reference G REFERENCES he Blanchet, D. 1981. Water quality effects of placer mining on the Chugach National Forest, Kenai Peninsula, field season1980. Chugach National Forest. US Forest Service. 24p. with appendixes Be Blanchet, D. 1994. Water resource report for the Russian River angler trail project. Chugach National Forest. US Forest Service. 28p. Ce Huber, C. and D. Blanchet. 1992. Water quality cummulative effects of placer mining on the Chugach National Forest, Kenai Peninsula, 1988-1990. Chugach National Forest. US Forest Service. 36p. with appendixes Framework for Water Quality Monitoring of the Kenai River (Dratt) May 14, 1998 D. ge Fe G~ He Ie J~ Le m~ Ne Oe Litchfield, V.P., and G.B. Kyle. 1991. Kenai River water quality investigation annual progress report, 1989-1990. Number 111. Alaska Department offish and Game, Division of Fisheries Rehabilitation, Enhancement, and Development. Juneau, Alaska. 45p. Litchfield, V.P., and G.B. Kyle. 1992. Kenai River water quality investigation completion report. Number 123. Alaska Department ofFish and Game, Division of Fisheries Rehabilitation, Enhancement, and Developmem. Juneau, Alaska. 45p. Litchfield, V.P. Letter to the Kenai River Advisory Board dated October 13, 1994. Litchfield, V.P. Alaska Departmem ofFish & Game. Personal communication, January, 1998. Major, E. University of Alaska Anchorage, Environment and Natural Resources Institute. Personal communication, December, 1997. Milner, A.M. and E.B. Gabrielson. 1994. Bioassessmem of the Kenai River, May 1993. A draft report for the Alaska Department ofFish & Game. University of Alaska Anchorage, Environment and Natural Resources Institute. Anchorage, Alaska. 8 p. with appendixes Moser, E. 1997. Water resource invemory and assessmem Kenai National Wildlife Refuge: 1996 stream discharge gaging data. Report WRB 97-03. US Department of the Imerior, Fish and Wildlife Service. Anchorage, Alaska. 17p. with appendixes Saupe, Susan. Cook Inlet RCAC. Personal communication, December, 1997. Ranada, Dennis. Trout Unlimited. Personal communication, January, 1998. Ruffner, Robert. Kenai Watershed Forum. Personal communication, December, 1997. U.S. Environmental Protection Agency. 1997. Aquatic and terrestrial resources of the Kenai River watershed: A synthesis of publications. By K. Boggs, J.C. Davis and A. M. Milner. Alaska Natural Heritage Progrmn, University of Alaska Anchorage. For the Environmental Protection Agency Alaska Operations Office, Anchorage, Alaska. U.S. Geological Survey. 1989. Alaska Index: Streamfow, Lake Levels, and Water-Quality Records to September 30, 1958. Open-File Report 89-269. Framework for Water Quality Monitoring of the Kenai River (Draft) May 14, 1998 APPENDIX B -- STEPS TO SELECTING MONITORING LOCATIONS The following provides a step-wise process for selecting monitoring sites for the Kenai River Water Quality Monitoring Plan. Recognize the process of selecting sites will consist of several iterations. The first iteration consists of identifying sites based on each organization's or person's particular knowledge of the fiver and places to be sampled. The second iteration consists of the meeting Feb. 9th. where the work group will discuss each members recommendations and develop a preliminary list of proposed sampling site locations. The third iteration will consist of minor adjustments of the results of the Feb. 9th. meeting and acceptance of the preliminary list by the work group. The fourth iteration will consist of circulating the draft monitoring plan for review by the public, agency staff and interest groups. Please read through all the steps twice before working through them. For the first iteration spend no more than 1 to 2 hours. Step 1: Think about the reason or purpose your particular agency, local govemmem, tribe, community group, or school conducts water quality monitoring. Step 2: Based on step 1, select the level, or levels, that support your organizations reason for conducting water quality monitoring. Refer to Table 5 "Matrix of Levels of Water Quality Monitoring" Some organizations may collect data at two or three different levels. Step 3: Identify the particular area(s) of the watershed or reach(es) of river your particular organization feels should be included in monitoring. Use water quality data your organization has collected in the past to assist with this step. (If your organization already collects water quality data, assme the site is for a standard set of physical, chemical, biological and narrative indicators of water quality.) Step 4: Review Appendix A "Summary of Water Quality Sampling Within the Kenai River Watershed" to identify il'there is any historic sampling sites in the areas of interest. Step 5: Review the "Considerations for Sampling Site Selection." (They follow this list.) Step 6: Select sites that appear to meet your particular level(s). Use your copy of the Kenai River Comprehensive Management Plan to locate your preliminary selection by river mile (RM). (See Map 4-1 through Map 4-4 in the Plan for fiver mile locations. The maps are following page 51 in the September, 1997 version.) Step 7: Use the following tables to sunmmrize your preliminary selections. Write the site location in the column that corresponds with the reach, tributary or level. Step 8: During the Feb. 9th. meeting the work group will discuss each work group members preliminary list of sampling sites. Framework for Water Quality Monitoring on the Kenai River (Draft) B- 1 May 14, 1998 Step 9: A preliminary list of the sampling sites for the Kenai River Water Quality Monitoring Plan will be developed from these discussions. (This preliminary list will be made available for wider review and discussion.) Framework for Water Quality Monitoring on the Kenai River (Draft) B-2 May 14, 1998 CONSIDERATIONS FOR MONITORING SITE SELECTION There are many factors that contribute to selecting sites for baseline monitoring. The following is a list of considerations to use in developing an initial selection of monitoring locations for the Kenai River Water Quality Monitoring Plan. The list is from several publications and discussions by the work group. le The data quality goal will influence a variety of factors related to the collection, analysis, management, and presentation of water quality data (see Table 5. Matrix of Levels of Water Quality Monitoring). e If a site requires emering or crossing private property the land owner should be involved in the site selection process and permission must be obtained in writing prior to using the site for sampling. ge Consider using sites that have previously been sampled. Consider proximity and access~ility in selecting sampling sites. 5~ For sampling water in rivers and tributaries, select sites where the waters at the site are well mixed by turbulence upstream. Recognize that sites most suitable for physical, chemical, or biological sampling may vary within a given reach of the fiver or tributary. Locate sample sites well below tributaries to avoid sampling the tfibutary plume when what is wanted is the water quality of the mainstem. Ge Sample sites should be located to be representative ofa partictflar reach and not targeted to one specific point source or outfall. e Field check the long-term reference sites to check accessibility, representativeness, safety, and appropriateness.- When selecting sites consider the relationship of level two, three and four sites so the most information can be collected for the minimum costs. e Pick a manageable, and affordable, number of sites. After the initial selection of sampling sites there are many detailed considerations to include in site selection. These detailed considerations include: le Most monitoring programs are based on a combination of two primary types of sample design: probabilistic or targeted. In probabilistic designs sampling sites or sampling evems are selected at random to provide an unbiased sampling of the waterbody. In targeted designs, sampling sites are selected based on known existing problems or a knowledge of upcoming events in the watershed. Framework for Water Quality Monitoring on the Kenai River (Draft) B-3 May 14, 1998 2~ Frequency of smnpling should be based on several factors (after Sherwani and Moreau, 1975): Ae Response time of the system, Expected variability of the parameter, Half-life and response time of constituents, De E. F. G. H. Seasonal fluctuation and random effects, Representativeness under ditferem conditions of flow, Short-term pollution events, Variability and types of the inputs into the system, Magnitude of response. e Sample type classifications include (after EPA, 1997)' A~ B. C. D. Instantaneous or continuous; Discrete or composite; surface, soil profile, and bottom; and time-integrated, depth-integrated, or flow-integrated; Framework for Water Quality Monitoring on the Kenai River (Draft) B-4 May 14, 1998 APPENDIX C-- MATRIX OF LEVEL3 OF WATER QUALITY MONITORING The Washington State Department of Ecology developed a "matrix" to characterize the methods and quality of data collectext by volunteers (USEPA, 1997). The Washington matrix approach is modified and expanded for use in this Framework to include all organizations collecting baseline water quality data. The matrix provides a summary of the elements of the Plan based on the data quality goals (Table C-1). How to Use the Matrix Step Instruction,,s. o Ix:ok in Column 1 for the data use and Column 2 for data users that comes closest to the use and user of your choice. 2. Select the Level. o o Read column 3 and 4. Do these descriptions confirm the intended uses of the data? Ae If no, go to Step 1 and try again. Be If yes, go through the rest of the table reading the descriptions for each element of the monitoring plan for the Level you selected. After reading, through the rest of the Level, does your organization have the interest, capability, and funding (or desire to obtain funding) to monitor water quality at the selected Level? Ae If no, go to Step 1 and try again. g. If yes, begin detailed planning on conducting water quality monitoring. Z Z APPENDIX D -- STATEMENT OF COOPERATION DRAFT This Statement of Cooperation between the undersigned organizations outlines a general approach for monitoring baseline water quality within the Kenai River system. The undersigned organizations recognize: le The Kenai River is important to the human and ecological community of the central Kenai Peninsula; o ge There is an evolving understanding of the factors that contribute to maintaining the health of the fiver and the communities that depend upon it; There is a benefit to collecting baseline water quality information for improving the understanding of the Kenai River; o In an em of shrinking budgets, there are benefits in coordinating efforts for the planning, collection, analysis, management, and presentation of baseline water quality data; Se Se The hydrologic system (mainstem, tributaries, wetlands, lakes, glaciers and estuary) is a complex set of interrelationships which requires a phased approach in developing a more complete understanding of these relationships; and The importance of ensuring baseline water quality data are of a known quality for agency and community understanding of the current and future conditions of the Kenai River. The undersigned organizations agree the basic considerations of a coordinated approach include: le The development of a Kenai River Water Quality Monitoring Framework to describe an approach to the systematic, long-term collection, analysis, management and dissemination of baseline water quality data of the Kenai River system; 2~ A Monitoring Framework that is proactive, open to participation by all interestedparties, adaptable to new information, evolves as knowledge of the fiver evolves and includes a process to evaluate and adjust, as appropriate, methods and data collection activities; o Recognition and coordination with other plans within the Kenai River watershed that address water quality; e Collection of baseline water quality data that includes physical, chemical, biological, and narrative data that is representative of existing conditions, identifies natural variability and serves as a benchmark from which to measure future changes in water quality; o A recognition that all data collected under the auspices of this agreement are public information. Framework forWater Quality Monitoring of the Kenai River (Draft) D-1 May 14, 1998 o e A recx>gni ti on the purpose of this cooperative effort is not in place of a regulatory agency, and that the appropriate agencies will recognize the validity of the information when a "red flag" is observed during sampling or analysis. The development of annual forum(s) for interested parties to: discuss similarities and differences in methods, protocols, current water quality monitoring projects, etc.; come to a common understanding of when there needs to be agreement, and when there does not need to be agreement, on the relationships among sampling and analysis methods, protocols, etc.; combine training and education efforts; and De involve members of the public who are interested in learning more about Kenai River water quality. A recognition that this agreement does not: Ae limit agencies, local governments, tribes or organizations in the collection or use of data for purposes other than that of the cooperative effort; Bo obligate any party in the expenditure of funds, contributions to monitoring, or providing staff support; C~ intend to conflict with federal, state, or local laws or regulations, with an understanding if there are conflicts, this agreement will be amended at the first oppommity to bring it into conformance with conflicting laws or regulations; and De · intend to enlarge or diminish the responsibilities or statutory authority of any of the signatories or any other party over the management of water or its resources within the Kenai River drainage. (Provide signature page with the names of local governments, state and federal agencies, nonprofit organizations, tribes, and community groups who are willing to join the coalition) Framework forWater Quality M6nitoring of the Kenai River (Draft) D-2 May 14, 1998 Suggested by: Adminis'~ .... CITY OF KENAI ORDINANCE NO. 1789-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASICA, AMENDING KMC 13.05.010 TO AUTHORIZE COLLECTION OF A SURCHARGE FOR VIOLATION OF A MUNICIPAL ORDINANCE. WHEREAS, Alaska Statute § 29.25.072 (Michie 1996) requires municipalities to authorize imposition of a surcharge under Alaska Statute § 12.55.039 (Michie 1996) upon persons convicted of violating municipal ordinances; and WHEREAS, the money collected from the surcharge will go to Training Fund to support state and municipal police training; and the Alaska Police WHEREAS, the new surcharges for municipal violations will be $50 to $75 for violations which are punishable by possible incarceration and $10 for violations not punishable by incarceration but where the fine is $30 or more; and WHEREAS, municipalities not imposing such surcharges by August 27, 1998 may not enforce municipal ordinances with a possible penalty of either incarceration or a fine of $30 or greater; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT KMC 13.05.010 be amended by adding section (c) as follows: (c) In addition to any fine or penalty prescribed by law, a defendant convicted of violating a municipal ordinance shall pay the surcharge required under Alaska Statutes §§ 12.55.039 and 29.25.072. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15t~ day of July, 1998. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk (6/ .5/98 sp) Introduced: Adopted: Effective: July 1, 1998 July 15, 1998 August 15, 1998 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM 1992 To: Mayor John J. Williams and City Council Members From: Cav . s, Cit ^ orner Date: July 9, 1998 RE: Ordinance 1789-98 In 1994, the Legislature enacted Alaska Statute ~12.55.039 (Michie 1996). That statute required Alaskan courts to impose a $10 to $25 surcharge on defendants convicted of traffic violations. The surcharge applied to municipal and state violations and some traffic-related misdemeanors. No municipal action was required--the courts iust automatically added to the £mes of persons convicted of municipal violations. In 1998, the Legislature broadened the surcharge to all state and munidpal violations, misdemeanors and felonies. The new surcharges range from $100 for a state felony to $10 for a munidpal violation. The money goes to the Alaska police training fund that provides funding (in part) for: 1) the Police Academy in Sitka; 2) the Police Standards Council; and 3) to municipalities that conduct their own training programs. The idea, I think, is ro create a type of police user fee. In addition to broadening the old surcharge, the Legislature enacted Alaska Statute ~29.25.072. It states that a "municipality may not enforce an ordinance for which a fine of $30 or 'more or imprisonment is prescribed" unless the mtmicipality "authorizes" the imposition of the new surcharges. That statute will take effect August 27, 1998. I don't have an explanation of why the Legislature didn't just require judges to impose the new surcharge without municipal authorization like it had under the old law. The court system staff attomey in charge of implementing the new surcharge program told me that in her opinion a municipality had to "authorize" the new surcharge by ordinance. It could be argued that, despke the staff attorney's opinion, the word "authorize" doesn't require an ordinance--but that is an argument I would rather avoid. My concern is that failure to authorize the new surcharge by ordinance could be used by defense attorneys to get municipal violations dismissed. This ordinance is designed to eliminate that argm~ent as a defense before the issue is ever raised. CRG/sp Suggested by: Mayor &Counc CITY OF K~NAI I~8OLUTION NO. 98-46 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI DESIGNATING THE KENAI MUNICIPAL AIRPORT TERMINAL AS A SMOKE-F~E FACILITY. WHEREAS, the Kenai Municipal Airport terminal is identified in the State of Alaska Department of Environmental Conservation Smoking Law, AS Sec. 18.35.300 (1) as a "PLACE WHERE SMOKING IS REGULATED"; and, WHEREAS, the regulations require that the te~irml be a no smoking area, or allow for a portion (but not all of it) to be designated as a smoking area; and, WHEREAS, it is determined that designating the terminal as a smoke-free facility is cost effective; and, Kenai Municipal Airport WHEREAS, the Council of the City of Kenai has determined that designating the Kenai Municipal Airport te ~rminal as a smoke-free facility is in the best interest of the City and the airport users. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the Kenai Municipal Airport Terminal be designated a smoke-free facility effective August 1, 1998. PASSED BY THE COUNCIL OF THE CITY OF KENAI, this 15 day of July, 1998. John J. Williams, Mayor ATTEST: Carol Freas, City Clerk Suggested by: CITY OF KENAI RESOLUTION NO. 98-47 Mayor & Counci A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI DESIGNATING A PARTICULAR AREA IN THE KENAI MUNICIPAL AIRPORT TERMINAL AS A DESIGNATED SMOKING AREA. WHEREAS, the Kenai Municipal Airport terminal is identified in the State of Alaska Department of Environmental Conservation Smoking Law, AS Sec. 18.35.300 (1) as a "PLACE WHERE SMOKING IS REGULATED"; and, WHEREAS, the regulations require the terminal to be a no smoking area, or allow for a portion (but not all of itl to be designated as a smoking area; and, WHEREAS, the regulations state, if a designated area is identified, AS Sec 18.35.320 (C), "A person who designates a smoking section under this section shall make reasonable accommodations to protect the health of the nonsmokers who use the place or vehicle by separation, partition, or ventilation that ensures that nonsmokers in the place or vehicle are not subject to the active by-products of smoke from smokers in the place or vehicle'; and, WHEREAS, the Acting Airport Manager recommends a well ventilated, glassed-in area be constructed at the entrance of the terminal across from the ticket counters to be used as the designated smoking area; and, WHEREAS, this area will be constructed in such a manner where it will not take away from the inherent attractiveness of the airport terminal; and, WHEREAS, the funds necessary to construct the ventilated, glassed-in smoking area will not exceed $7,500.00; and, WHEREAS, the Council of the City of Kenai has determined that designating this smoking area in the Kenai Municipal Airport Terminal is in the best interest of the City and the airport users. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the Kenai Municipal Airport Terminal provide a designated smoking area which will be glassed-in and well ventilated. PASSED BY THE COUNCIL OF THE CITY OF KEN~, this 15 day of July, 1998. ATTEST: John J. Williams, Mayor ... Carol Freas, City Clerk Suggested by: Administratior. City of Kenai ~OLUTION NO. 98-48 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALAS~ AWARDING A FIVE-YEAR CONTRACT TO HOMER ELECTRIC ASSOCIATION, INC. FOR ELECTRIC SERVICE. WHEREAS, Homer Electric Association, Inc. (HEA) provides electric service to the City; and WHEREAS, HEA has offered an acceleration of the refunds of capital credits in return for a five-year contract for electric service; and WHEREAS, it is in the best interest of the City to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to execute a five-year contract with HEA in return for accelerated refunds of capital credits. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15t~ day of July, 1998. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (7/9/98) kl Suggested by: Administratioh City of Kenai RESOLUTION NO. 98-49 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA FORMALLY ACCEPTING FY99 MUNICIPAL MATCHING GRANT NUMBER 99/587-8-001 FROM THE STATE OF ALASKA, DEPARTMENT OF ADMINISTRATION IN THE AMOUNT OF $214,248.00 FOR A STREET IMPROVEMENT PROGRAM. WHEREAS, the State of Alaska has established the Municipal Capital Matching Grant Program under AS 37.06.010; and WHEREAS, the State of Alaska has offered the City of Kenai a grant in the amount of $214,248.00 for a street improvement program; and WHEREAS, the State requires that the Kenai City Council formally accept the grant and the conditions of the grant by ordinance or resolution; and WHEREAS, the City has agreed to contribute $91,821.00 as its share of this project; this share will be in the form of cash. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the City formally accepts FY99 Municipal Matching Grant Number 99/587-8-001 from the State of Alaska, Department of Administration in the amount of $214,248.00 for a street improvement program, and accepts the conditions of the grant agreement. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 1998. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: ~ (7/9/98) kl Suggested by: Administration. City of Kenai RESOLUTION NO. 98-50 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A CONTRACT FOR ACCOUNTING SYSTEM SOFI'WARE TO SYSTEMS & COMPUTER TECHNOLOGY CORPORATION (SCT). WHEREAS, the existing accounting system software must be upgraded; and WHEREAS, SCT is the developer of the existing system and has made significant investment in the software to enhance it and make it year 2000 compatible; and WHEREAS, the cost of the SCT system is significantly less than replacement alternatives; and WHEREAS, there are many advantages to continuing with SCT software, including reliable data conversion and reduced training costs; and WHEREAS, a total of $60,000 is budgeted for accounting system software. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to contract with SCT to provide accounting system software along with training and other services for a not to exceed price of $35,000.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 1998. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' ~:/~;_~!"'. (7/10/98) kl STATE OF ALASKA DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD TONY KNOWLES, GOVERN 550 W. 7TH AVENUE, STE. 350 Anchorage, Alaska 99501-6698 Phone: 907-277-8638 Fax: 907-272-9412 June 23, 1998 Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai, AK 99611 Dear Ms. Freas- RECEIVED K=~':~:-~t CITY CLE? We are in receipt of the following application(s) for renewal of liquor license(s) within the City of Kenai. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included on page two. Beverage Dispensary- Tourism Louie's/Uptown Mo.tel - Vip Lounge The Uptown Motel Annex/Back Door Lounge Restaurant/Eating Place Pizza Hut #9 Beverage Dispensary Casino Bar Inc. Recreational Site ,,, Alaskalanes, Inc. cc: JUL-U(::)-~(::) WI:.IJ Ut:l;;,';) ltl:.l~U'tl rl;RR I::iUKU ULI:,KIt l'I'~ ItU, ~UI;,'l~7'~01b 1", UI/UI I(ENA! PEN. IN. ULA BOROUGH 144 N. ~KLEY $OLDOTNA. ALASKA · 99669-7599 BU$1NE~o (907) 262-860;8 FAX (007) 262-8615 % . EMAII,. a,,msemblyclerk~borough.kenai.ak.u$ LINDA MURpHy, CMC BOROUGH CLF..I~K 1998 Ms. Dorm3 lo_hr, son Rccor~ & L/c~ns~ Supervisor Alcoholic Beverage Control Board 550 XV. ?th Avenue Anchorage, AIC 99501-6698 Application for Renewal of Liquor Licenses Dear Ms. Johnson: Plcas¢ be advi~cd that the I<e~ P~in~ula Rorough has no objection to the approval o~th¢ following applications for renewal of liquor liccases for xhc~; cstablis_~,~cat~, locatcct in th~ City of Kenai, Alaska: l~st~u~nt/Ea_fng place ~,PizT~ Hut #9 Beverage Di_~ensm'v- Tourism . Thc UFtown Motcl Anne~ack Door Lounge I.ouie's/Uptown Motel - VIP Lounge. Thc Kcnai Pcninsula Borough Finance Depaztment has r~ewed its files and bas ~ no objection based on unpaid or delinquent taxes. Sincerely, Linda S. Murphy, CMC/AAE Borough Clerk CC' Applicant City of Kcnai Kt'B Finance Department File ~ M AIMka Alooholio B4werage Control Beam 5C0 W. 7U1. Avenue, Suite 350 Anchorage, Alack& 99501 (9O7) 2'/7-~=3$ LIQUOR LICENSE APPLICATION (Please read separate Instructions) PAGE 1 OF 2 'rhl ,ppic~k~ I~ for: (check one) r c~ECTION A. I~"~:wo Year I-I Seasoned - Dates of operation not to exceed 12 mos. · ~ of ApM(ItJon: F1 New _ r'l Trine/er of Uce..e HolOer 96-2 596:-. Enter mplimmt'e or tmnMiree'm nerne end mellNng edckl~ M it ~houlcl W)pelr on the Ncen~e: ION. Mu.~ t~ com~at~ for .. ~ M Llcw Type ~ RMMence For License Federal EIN sec. 04.ii. Llcanee Fee $ Rest _ Filling Fee: $ Eating P: (Specify) OR I-I' Ou~ldeMunlcIpefl~y _~ ~......, Number exercised or active at least 30 eight-hour PenMty (if dsy~ 0uring each of the two prececling calendar years? (AS 04.11.330(3)) applicable) YES ff no, ~ ~# ~ de. led unle~ w~'en requ~t for , - watv.~ of opemtton I. I~ NO contr~ Doing Bul, m~  (~ Inatructlone) ~ IO~yi0i60 Kenai 5pu~ H'y E] TH=:::~:g=~Alaska 99509 IBu~~rle ~(~d :~ 9 61 i SECTION B. PREMISES TO BE LICENSED. ~u. ~. Neme to be ueed on pub~ sign or In edvertWlng lo ident#y ~: T I~ kx=atlon M prem~ greater ~n or I~ limn ~0 rnMN from tl~ boum:l~tN of m ~ muniolpellly (in(x)fporied city, borough or unified munk:lpelty)? Ck)ee~ School GrouncW: I Dlitlnce meelured under: C,k~e~Ohumh: , ~ AS04.11.410 OR I II LoMIOrdlnenceNo.: -~TION, D. TRANSFER INFORMATION. Mu. ~ c=~,~ed for TS., of Llcenee ~ ~ FIMom~lml "I~~ only. ~We~nt~yTmn,~r.A~mchckx=umen~~~l-uncWA.904.11.670. Nm~e(s) ~ MMIng Am~'~,s of Ourmnt Utes)  RI)~uMi. TllnMer. Any Inatrtmlent exectJted under A8 04.11.670 for puqxmee of · ppk/.mg A~ 04.11.360(4)(B) In. mt.,, mvoluntmy tm~f~, muat I~ flied wire IpplGMton (15 AAC 104.107). (Aa. ch extra .hNt, if nec4.,,,ry) ~FOR~- i rlAN~FER. DMng Bulme,l Al: (BUI~NI Nlnle) . BEFORE -i-~iANS~. Street Addre,~ or Lotion E N E. ORPORATION INFORMATION. Uu"~com=atede.p~lcantorco-.x,lc.nt=.comor. tkm. ¢AS04.~.390) Coq)mite Nemm Dok~g Burn,tess Am (l~mk'te,~ Name) Date of Incorlx)mUon k~ Alaska Mm.g~±, iNC. lPi~z_~ Hut No. 9 ~r~ Actress or Locatton of Bu~n~ 06/24/84 Ooq~mmle Off~e Phone No. · ~ me s~. of mo a~m,.) Ag,.~. A~k. P4~m.cy Kurban Kurani Yemm: 19 M0m~: .[~.~ ~S !-I NO P.O. Box 92413 ,. % or 8herli o/ Futl Ne.e (Do rt~ uee iMilil) I-fome AddrleB DMIM Birth C)wnemh~ Kurban Kurani 2934 Crow's Nest 11/26/51 100 , AREA OFFICE USE ONLY Fo/m 04-901 P~ge I (Rev ALASKA LIQUOR LICENSE APPUCATION PAGE 2 OF 2 "S~:CTION F. INDIVIDUAL/CORPORATE OFFICER INFORMATION. The lo,ming mfom~m,n m..t U. ~ k~.m .mk.m ~ ~ ..k~. # the FUll Nlme (Do not use Inlllls) FulLWime {Do nom._use Inlkill. ) Kurban Ali Kurani ~aro£yn ~uranl P.O. Box 92413 P.O. Box 92413 cnorage, Alaska 99509 ~ncnorage, Alaska 99509 .Mn__ .Addrse. (if different fn)m m.i~g I~t® of Birth !Home Phone Wcwk Phone Dl~f 2/1~3/ Home Phone ! Wolk Phone.5 6 2 2 2 0 5 ~/2~/s~ .~2 220s ___~_s~ . I L. ngthofAk,.~F~,~ #~~acomom, on, U.m~fymecomm~taoffk:eyou' Lengthof.4Umk.~ency #.m,c.m..~mom, on, k~nt, ythe~eomc~you President Yemm 19 MoNh~ Secretary-Treasurer Full Hims (DO not ule lnlli~) Full Neme (DO not tree InM) Ivan Vincent Voss ?.O. Box 92413 c~/. atm. z~) cede o~/. sm.. zip c,(x~ Anchorage, Alaska 99509 Home Addreel (if different from taming i(]ckeee) Home ~ (if (]lffMent from me#lng iicMrel~) 8421 Miles Ct., Anchorage, AK 9/8/56 338 5268 562 2205 Length of Almk. R. Iclency If.Pl~k~ml~.co~n, ldentlfymec~eofflceyou ! Length of ~ P4mlcl~ Ifappltc~ml~.coq~xl~on, ldentlfythecmporleofflceyou Yee% 3 Vi ce- P resident SECTION G. INDIVIDUA~coRPoRATE OFFICER BACKGROUND. ~ my Im~vk~ or ~oq~or~® ~ rammed ~ov~ ~ow hav~ m~y o~rm~ or Ino~ mt~t m any o~ See Attachment "A" If never having filed or since filing of the last application, has any individual or corporate officer listed above been convicted of a felony,.a violation of AS 04, or been convicted, as a licensee or manager of license(] premises in another state of the liquor laws of that state? 5~'NO F1 YEs "SECTION H. DECLARATION. uu.t~ I declare under penalty of perjury that I h~ave examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other contracted obligations. I further certify that I have read and am familiar with 'title 4 of the Alaska statutes and its regulations, and that in accordance with AS 04.11.450, no person other than the applicant(s) or licensee(s) has any direct or indirect financial interest in the licensed business. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. ff application is for a Beverage Dispensary or Package Store license. I certify that each applicant named on this application has resided in the state of Alaska for at least one year prior to the date of this application; and/or the applicant is a corporation registered and qualified to do business in the state of Alaska for one year prior to the date of this application, or all of the shareholders have resided in the state of Alaska for at least one year prior to the date of this application. ~ONA ,TUR~ o? C~,.~T~RENT LICENSEE(S) (APPLICANT} SIGNATURE(S) OF TRANSFER;_I;(S) Form 04-901 Page 2 (Rev 6/95) STATE OF ALASKA TONY KNOWLES. GOVERr DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD :550 W. 7TH AVENUE, STE; 350 Anchorage, Alaska 99501-6698 Phone: 907-277-8638 Fax: 907-272-9412 June 23, 1998 Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai, AK 99611 Dear Ms. Freas' _f- C IVED · We are in receipt of the following application(s) for renewal of liquor license(s) within the City of Kenai. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included on page tWO. Beverage Dispensary- Tourism Louie's/Uptown Mo. tel- Vip Lounge The Uptown Motel Annex/Back Door Lounge Restaurant/Eating Place Pizza Hut//9 Beverage Dispensary Casino Bar Inc. Recreational Site Alaskalanes, Inc. cc: JUL-UO-~O NI:,IJ U~'.,',,1 EI:,~ I"~R[3 I:;iUKU IJLI:,KE I'HA l'tU, ~UI/0/130~ 1", UI/UI KENAI PIENIN. ULA BOROUGH 144 N. BINKLEY · $OLDOTNA. ALASKA · 99669-7599 BUSINESS (~07) 262-8608 FAX (9(37) 262-8615 EM,AiL. a,ssemblycle~ borough.kenai.ak.u$ LINDA MURPHY, CMC BOROUGH CLERK ~y 8, 1998 Ms. Donna $oh,~son l~or~ & Licensing Supervisor Alcoholic Beverage Contwl Board 550 'W'. ?th Avenue ,z~zc~omgc, ~ 99501-6698 Application for Renewal of Liquor Licenses Dc= Ms. $ohnson: ?Ica~¢ bo ~viscd tha tho Kenai P_~i,-,ula aorough l~s no objection to thc approval of thc following applications for renewal of liquor licenses for ~=s~ csmbli~hmcnt~, located in tho City of Kenai. Ah.4m: l~cst~umn~a~g Place Pizza Hut #9 Beverage Dispensary .-~'Tourism Thc Ut~wn Motcl Anne~ack Door Lounge I.ouie's~ptown Motel - VIP Lounge Thc Kcrmi Pcninsula Borough Finance Department has ~ewed its flies and has raised no objection based on unpaid or delinquent taxes. Sincerely, Linda S. Murphy, CMC/AAE Borough Clcrk CC: Applicant tit7 of Kcna~ KPB Finance Department File S :~W[~~ ATAK~BCB%Aiw..~~ENEW Al.$~,~ae~l in State M Alaska Alcoho~ Beverage Control Boam 550 W. 7th. Avenue, Suite 350 (~07) ~77-8S38 LIQUOR LICENSE APPLICATION (Please read separate Jnstructions) PAGE 1 OF 2 The .ppar~ ~ for: (~ one) [~' Two Year !"! Seasonal - Dates of operation not to exceed 12 mos. ...... -.CTIJN A. LICEH_~__SE INFORMATION. Mu= ~ ~t~ for all typ~ ot applic~tlon~. of Appllc~lon: ~ Si.tuts FIMerence [For License Yea~ Fed, EIN License F. s~04.11. '1998.-9f / 920-I"i-7~5 I-I a.~ /' BEVE~C7 ' Filling Fee: %,~T$[~E~.;SA~._~.,.~,~I.~ within · Munlclp.l~ (8p~tfy) OF:[ F'l out~lde MunldpelRy Gun'ent Uquor ~ Number ~ If renewal, has the license been exercised or active et least 30 eight-hour Penalty (If r"] Transfer o! days during each of the two preceding calendar years? (AS 04.11.330(3}} . applicable) uc.... Ho~.r 2 2 3 7 ~ YES , no..re,re, on ~, ~. de. led um..~..a~ r.q.~ waiver M ope~aon I..plxov~.l~ the Atcoho~..,~Bevem~ Total I-'1 Ralomaon [~ NO cor~l Board. f ........ .,_._-- ,/-% Submitted Enter applicants or tramW#'e .ams ~ mallang Doing BuslnMm As (Bullnl.l~ I U U-' ~,~ ..... ~nly Council Neme SCtlILLING ALAS~LA I:;C.~-.' 47 SPUR VIEW DF,. cay ~A~-Ai, ,iLASiiA KENAi, ALAStL,\ 99611 tLENAI, f,2LASiLA 9C6 i 1 Bu~e~ Phone Number(s) SECTION B. PREMISES TO BE LICENSED. Mu= ~ ~~ ~ N,w,,~ ~ ~,. ' NMn~ to be u.~ ~ ~ .~n ~ m ~~ ~ ~ ~: ~ ~ ~ ~~ ~ ~ ~ ~ ~n ~ ~ ~ ~e ~~ of a ~n~ (~~ c~, ~h ~ un~ mun~)? C~ ~1G~: I D~ ~~ u~: I C~tOhumh: ~ ~ ~.11.410 OR D ~~~ ~ L~~~ D ~~~e I ~ ~~No.: Pr~ to ~ ~~ ~: Plane afomltt~l to Fie MamhMI (Rlquild for n.w lixl IXOlix..~ bulRblgS) SECTION C. RENEWAL INFORMATION. Must be completed tor Renewal applications. Has licensed premises where alcoholic beverages are I Has the statement ot financial interest changed from the sold, sewed, consumed, possessed and/or stored been] last statement submitted? changed from the last diagram submitted? E] YES ~ NO !-! YES ~ NO PACKAGE 8TORE. I~ thi~ a renewal d Ihs annual nMiee require4 under 15AAC 104.646 to ~ ~ ~in red, Mine to wraton ~? D YES D NO ~TION D. TRANSFER INFORMATION. M~ ~,. ~m,~ed for Ten.far of Llcel# HMS.' ~ ~Wn ~ only. , . ::D ~ Trm~M.'. Any In~nm~ent executed um:ler A8 04.11.670 for puqx~4~ of .pplylng AS 04.11.360{4)(B) In · I.ter ~nvo~mt..y tmmW. mum be flied wl~ thl~ .pplleMton (15AAC 104.107). ReM or pe~-~ peopMtyconve~ wlth th~ t?an~fer ~: (Attmh extra .hNt. ff necchi) Name(e) me ~ ,mr.~ M ou.~t BEFORE TRANSFEFL Doing Bmm$~ .aa: (Btmne~ N~me) BEFORE TRAN8FER. 8inet AcMm~ or Location SECYiON E. CORPORATION INFORMATION. Mu,, m, co.~.~ed, i~mt or ~~,. =~,. (AS ~.11.~0) S.~IlLLING ALAS;L~ I1,:{'. BAC~OCF, LOL~:CE ~E !9C- ~ ~ ~ ~ or L~on :~7 SPI~ VIEW DL. 47 SP~'I: View ~I;AI, A~SIL& 99(,] ~ ~NAI. ~iG',. 99611 '{'" 233-366::- LOUIS r~. SCLILLII;C Y~: ~ YES ~ NO ' )47 S~F V~W DR ~':J~ ~S}~' ~Mm. ' ' / 283-3~6u LOUIS ~. SCHILLIt;g BOX 7155 :;IKISKi. ~SIL~ 9963~ 9/4/4~' 33 i/3 .... - T}~KE~E SC}i!LLI;;C BC:i 7155 ;:IKISKi, .......... C~%iP, E S~,.~LI, .... 5~.4 A~!-. , ~ 33 AREA OFFICE USE ONLY Form 04-901 Page 1 (Rev 6,'96) ~s 81gneture ALASKA UQUOR UCENSE APPUCATION PAGE 2 OF 2 SECTION F. INDMDUAI./CORIR)FIATE OFFICER INFORMATION. T~. fo.m,~ mfO.,l.~ ,.u.t ~. p.,,vtmd W ~ ~ o~ ~ ~. # the .pplk~mt or co-.ppllc~nt i · corporl~, the ~ II~t~ mu.t ~ me ~ V~~ ~ ~ T~~. ~ ~~ ~ ~ ~. Full N~ (~ nc~ ~ Ini) Full ~ (~ ~ ~ ln~s) ' ' ' SC: .,_~ T':r: CLAi?2: '7 ~Pi~P ViEW LE. ., Svqk V!i,W DJ,. ~-:~NAI ~ ALAS!Lk 9961] l~i{f.i, ~Si~, 9~6ii ?n;< v!55 :?I:_ilSli%, ALASih';: 99f. 3.- - D~e M Birth ~/'4/42..r'e7'., 77(-..-.fi66" ~:~.:i/'-;.,.,-..;6;.'::'..: Y#m.. 1 Monttm ,i hold. Full Name (Do n~ 7W:F~RE %E SCI.IILLI?~',; 47 RPUK VIEW ~u,~, KENA! , Home ~ (; ~affMent t~m mM~g seam#) ~5,1.4 AZ XENAi. ~ka,~-~, 99011 ~ ~ ~ ~ P~ I W~ ~e i~/23t6t (907) 233-41S4 .... ~';'"t':'?~ .--t- c~,, she. ap ~ Lengm M M R#kW~ Ifappacamt~n~n, ldontlfymecofpo~eemceyou hold. SECTION G. INDIVIDUAL/CORPORATE OFFICER BACKGROUND. Mu~'~ Doee ~y t~~ or ~~e ~ ~ ~ ~ ~ve ~ ~ ~ t~ ~M~ ~ ~y ~ .. ~ NO ~ ~S If y~, gt~ ~e. ~ M 0~, ~ ~. '' SPUR VIEW If never having filed or since filing of the last application, has any individual or corporate Qlficer listed above been convicted of a felony, a violation of AS 04, or been convicted, as a licensee or manager of licensed premises in another state of the liquor laws of that ~tate? ~ NO I-1 YES SECTION H. DECLARATION. I declare under penalty of perjury that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other contracted obligations. I further certify that I have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS 04.11.450, no person other than the applicant(s) or licensee(s) has any direct or indirect financial interest in the licensed business. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. ff application Is for a Beverage Dispensary or Package Store license, I certify that each applicant named on this application has resided In the state of Alaska for at least one year prior to the date of this application; and/or the applicant is a corporation registered and qualified to do business in the state of Alaska for one year prior to the date of this application, or all of the shareholders have resided in the state of Alaska for at least one year prior to the date of this application. SlGNA~ORE(S) OF CUrrENT LICENSEE(S) (APPLICANT) NOTARY PUBLIC IN AND 'FOR ALABKA Form 04-901 P~ge 2 (Rev 6/95) SIGNATURE(S) OF TRANSFER~($) dayM STATE OF ALASKA DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD TONYKNOWLES. GOVE) ~~q~-~ 550 W. 7TH AVENUE, ST! Anchorage, Alaska 99501-6698 Phone: 907-277-8638 Fax: 907-272-9412 June 23, 1998 Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai, AK 99611 Dear Ms. Freas' ,1 ~'~:,:~--q. C,TY CLE~,.', We are in receipt of the following application(s) for renewal of liquor license(s) within the City of Kenai. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included on page two. Beverage Dispensary- Tourism Louie's/Uptown Mo. tel- Vip Lounge The Uptown Motel Annex/Back Door Lounge Restaurant/Eating Place Pizza Hut//9 Beverage Dispensary Casino Bar Inc. Recreational Site Alaskalanes, Inc. cc: JUL-UO-~O ~iJ U~;,"O M:.titll r'~l~ ~UKU ~LI:.KK t'H~ ~U. ~U/;,'t3~'13t)l~ ¥. UI/UI KENAI PENINGUl..A BOROUGH 144 N. BINKLEY · $OLDOTNA, ALASKA · 99669-7599 BUSINESS (907) 262-8608 FAX (907) 262-8615 EMAtL. ~ssemblyclerk~ borough,konai.ak, u$ LINDA MURPHY, CMC BOROUGH CLERK :I~ty 8, 1998 Ms. Donna $oh~son I~cords & Licensing Supervisor Alcoholic Beverage Control Board ~50 W. ?th Avenue Ancho~g¢, AK. 99501-6698 Applic~tion for Ronewal of Liquor Licenses Dear Ms. Johnson: Plca~c bc adviscd fha the Ke~ P¢,,i,~_eula Borough ha.~ no objection to the appwval of/he following applications for renewal of liquor licenses for these c~[abli~h,=cnts, loca~d in the City of Kensi, Alaska: P~cst~.,-~__[E~_tin_~_ Place Pizza Hut #9 Rever~¢ Dispensary- 'Tourism Thc Uptown Motcl Anne~ack Door Lounge I.ouie'~rUp*.o~ Mo~I - VIP Lounge Thc I(cnai Pcnins~ Borou~ Finance Dep~nt has reviewed its files and has raised no objection based on unpaid or delinquen~ taxes. Sincerely, Linda S. Murphy, CMC/AAE Borough Clerk cc: Applicant Cit7 of Kcn~i K. PB Finance Department File Stale d Ala~ke Alcehofic BevMage Coabd Beard 550 W. 7th. Avenue, 84Jile 350 Anchorage. Almk& 99501 (9O7) 277-8638 LIQUOR LICENSE APPLICATION (Please read s_.epar/Bte instructions) PAGE 1 OF 2 BMM Flrle 1 end 2 to the ABC IW. Keep ~ $IM your alee. ~lcMIon le IM: (check erie) DC] Two Year I"'! SeaJonal, Dates ol opMebon nol to exceed 12 mos. SE TION A. LIEN E IN-"'""~~"~~ON' ~ ,,, of App,Wk,.: J~ --.------. r..~_ L_~.n._.~.. O New Il ~v~u,_~u~ [~ Trlnller el ! ~ UquM Uc~mel NumbM , ' eclive II lell130 etghl-hour Lk:enee HOfdM i 1 8 5 9 clay~ ~ each of the two I~eeecl~ calendar .veers? lAS 04. I 1.330(3)) applicable) $ -.--._-,._...,. ,o,., · . ~'-~-~--~~-~---~~._._..___ Submitted $ 2700.00 SCHILLING ALASKA INC. ~ ~eelA~erk~Ml~ ~? SPUR VIEW DE. i C[-~F ~F. NA ~7 SPUR VIE" DR. cl~ I ~.--G, KENAI, ALASKA 99611 ..KENAI, ALASKA 99611 I .:_~N... M-&~K.&. .o.o~! 1 e..*.. ~... ~.) -- I EC~ON B. PREMI ES TO BE MCENSED. M~, · ,-. ..... u.....: i Oktenc. mN..~l re.W: I ! ~.u of P~enke. Ail.chad R ed Io~ MI New end Reloc~)n _H~s_, ,_K:_ens_ ~ed pl'emlee,, whe,. ,lcoho~ bevemgel a,. I Hal the ,,,,emenl of, I InvehmMryTl, anelel,.AbW~wNchevldence.dMelMi, imdet, AS04.t 1.~70. Name(i) end ~ Addrell M Cu~enl Uceneee(e) .......... ~.~-~ i~~.h, DM~ Bm~N. M: {au.mM Nemq . CoqN)Me Name ~..~_.~_~ed II .plMIcam o~ ~ppl~ I~ · (x, pomlk)n. (AS O4.11.31)O) SCHILLING ALASKA INC. 47 SPUR VIEW DR. c~y, ama. Z~ code KENAI, ALASKA 99611 I, Ihe el3mm Need mqNmllea in ~eed IIItdk~ wll~ itc ~lle of YES ~ NO Dofn~ ilw4neN M (~ Name) Dele M Inao~x)m,k)n Lg~'..~._ (..~0~ ~OT~L 47 SPUR VIEW DR. JUNE 1987 .. K;~A[ A~S~ 9961 ~ LO~IS SCHILLING 47 SPUR_VIEW DR. KENAI, ALASKA CORIK)RATION OI~iC'TORI AND ITO~KItOLDII~ (IMe eddtlenel~~ Ful Name (Do nM uae MiMi) Home Addre~ LOUIS SCHILLING ........ ~ KA 96~5____ THERESE SCHILLING . ....._. 635 f ~ I ISKI ALASKA 99635 THIS AREA OFFICE USE ONLY ( mle Off~e Pbene No. -- 7) 283-366O Yearn: IVlm~e: 283-3660 9.___/4/42 3/____~/4~ 12/23/66 33 1/3 33 1/3 ALASKA UQUOR UCENSE APPUCATION PAGE 2 OF 2 · SECTION F. INDMDUAL/CORPORATE OFFICER INFORMATION. 'me Ioaowi,,g ~ ,,,u.t be pmvUed k,, eed, ,pea,=am o~ om,e,,t, oak,,,. # th. IIIPP~l or c~*lllpp~l lB · eoq~, Ibe ol~ Nd,Id mu~l In~ I~ ~ Vloe. F~~ ~ Ild Trel~. I~ IddIo~id luI~®$ me n~mry. Fu# N~me (Do riel u~e I~tk~I= Full I~ (Do eel uee If~) LOUIS SCtlILLING BOX 7155 ~NIKISKI, ALASKA 99611 ;~.,-.~ .~.~,~ (if ~wonl from miIIq nddrn.) 8nme 8~ above · CLAIRE SCHILLING 47 SPUR VIEW DR. K~NAI, ALr, ska 99611 Hoes Addr~m (1 dmww~ from nqdk~ mdch~) I--- · ii.'..i .'i..i'.ii.'...'..' ~.~ (m dm~,~,~ from mmI,,m .ddr. m.) -~nmI,m idreN) =~ .... 8662 283-3660 _ I ....... I i'''-- ! i ~~. BACKDOOR LOUNGE 47 SPUR VIEW DR. XENAI, ALASKA 99611 I declare under penalty of perjun/that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief il is true, correct and complete, and this application is not in violation o! any security interest or other contracted obligations. .. I further certify that I have read and am lamiliar with Title 4 of the Alaska statutes and its regulations, and that in accordance wilh AS 04.11.450. no ~)erson other than the applicant(s) or licensee(s) has any direct or indirect financial interesl in the licensed business. I agree to provide all information required by Ihe Alcoholic Beverage Control Board in support of this application. I1 application Is for a Beverage Dlapermary or Package Store lime, I certify that each applicant named on this application has resided In the II~t® of AJ~sk~ for at leasl one year prior to the date of this application; and/or the applicant Is a corporatiOn registered and qualified to do business In the state of AI;mk~ for one yes' [xlor to the date of this application, or all of the shareholders have resided tn the state of Alaska for at least one year [xlor to the dale of this q3pllcallon. M~~,,~. '-/'114 Jq~ ,, From 04-gOI Pap 2 (Rev 6/95) KENAI AIRPORT COMMISSION JULY 9, 1998 Kenai City Council Chambers Tom Thibodeau, Chairman ***AGENDA*** ITEM 1' CALL TO ORDER AND ROLL CAI,L ITEM 2' AGENDA APPROVAL' ITEM 3' APPROVAL OF MiNUT~- June 11, 1998 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINF~S ITEM 7: a. AIRPORT MANAGER'S REPORT Tank Removal Update Airport Manager Selection Consultant Contract Status (Jim Carter) Parking Revenue Report Airport Master Plan Executive Summary ITEM 8' COMMISSIONER COMMENTS AND (~URSTION.q ITEM 9: PERSONS NOT SCHEDULED TO _RE Iq~A~I~ ITEM 10: a, ITEM 11' ~ ,. INFORMATION ITEMS Kenai City Council Meeting Action Agendas - June 17 and July 1, 1998. 7 / 2 / 98 letter accepting resignation of Commissioner Koerber. 712198 letter of appointment Airport Commission to Dan Van Zee. Airport Commiasion membership update. ADJOURN~NT KENAI AIRPORT COMMISSION July 9, 1998- 7:00 p.m. Kenai City HaH Council Chambers Chairman Thomas Thibodeau *** MINUTES *** 1. CALL TO ORDER AND ROLL CALL Chairman Thibodeau called the meeting to order approximately 7'00 p.m. Members Present: James Bielefeld, Henry Knackstedt, Bob Favretto, Dan Van Zee, Lucy Lorenzen, Tom Thibodeau, Ron Holloway (arrived at 7:03 p.m.) Also Present: Acting Airport Manager Keith Holland, Councilman Raymond Measles, Contract Secretary Barb Roper 2. AGENDA APPROVAL K~ACKSTEDT MOVED TO APPROVE THE AGENDA. MOTION SECO1/DED BY BIELEFELD. Holland requested that the gravel runway changes be added to Old Business, Item 5, a. AGENDA WAS APPROVED WITH THE RE~UF. STED ADDITION. ® APPROVAL OF MINUTES -June 11, 1998 KNACKSTEDT MOVED TO APPROVE THE MINUTES OF JUI~E 11, 1998. MOTION SECONDED BY LORENZEN. MIl/lITES OF JUNE 11, 1998 WERE APPROVED AS WRITTEN. 4. PERSONS SCHEDULED TO BE HEARD - None 5. OLD BUSINESS Gravel Runway Changes Holland reminded the Commissioners of the original design plan for the tie downs at the gravel runway. The plan had to be revised based on 'the obstacle free area requirements of the FAA Airports Division. The drawings showing the revisions were passed around for review by the AIRPORT COMMISSION MEETING MINUTES JULY 9, 1998 PAGE 1 e Commission. The current revisions show the tie downs to be along the edge of the ramp and square along the north and south. This allows for the obstacle free area which could be used as a taxi area. A shoulder also needed to be added along the full length of the ramp area. Both exits at the gravel runway will be widened to allow for easier aircraft maneuvering. Holland reported that the tie down anchors will be 6' below grade and will consist of galvanized or stainless steel cable. The drawing also included the signage identified for the gravel runway. These signs were not in the original plan. Thibodeau asked if there was going to be some type of paved run-up on either end of the gravel runway. Holland answered, no there will not be because the area was never designed for pavement of any type. The area has filter fiber over natural tundra and covered with gravel. Holland continued, there is a possibility for a person to use the Lima taxiway which has hold lines and signs. This area is paved up to 125' from the runway. Holland also stated a person could go down the Papa taxiway to the turnout on the north end and use that as a ramp area. Knackstedt asked about a little 10 x 10 paved area for a ramp off the gravel runway. Holland pointed out that all the paving has been done to include the painting and striping. The only work remaining at this time is the signs and seeding. A lengthy discussion took place on providing a ramp area off the gravel runway. Holland reported that no other work will be added or suggested as it will not be cost effective to do so at this time. Thibodeau asked about long term and itinerant parking at the gravel runway. Holland reported that parking will be made available and the rate is being determined at this time. The rate will be between $30 and $40 per month. NEW BUSINESS - None AIRPORT MANAGER'S REPORT Tank Removal Update Two 12,000 gallon fuel tanks were removed from the south end of the airport and the area has been backf~ed. Testing was done on the softs and the report has not been provided to date. The fence is back in place and everything is back to normal operation. Bielefeld asked about the AIRPORT COMMISSION MEETING MINUTES JULY 9, 1998 PAGE 2 8~ condition of the tanks. Holland replied, they were in good shape and both were empty as they were pumped completely dry a few years ago. b® Airport Manager Selection Steve Atha was hired as the Airport Manager and it is anticipated that he will begin work the first week in August. Holland reported that Atha is from Georgia and has over 25 years of airport management experience. Holland briefly went over Atha's experience and locations where he worked. Knackstedt asked if a copy of Atha's resume could be made available at the next meeting. Holland will provide the information. It was also noted that Atha holds a commercial instrument pilots license. Consultant Contract Status (Jim Carter) A draft contract for an Airport Development Consultant was submitted to Council and it was decided to hold off until the new Airport Manager comes on board to get his input. The final contract should be in place by the end of August or first of September. It was noted that the City Manager and Carter are working out the details of the contract. When asked how often Carter would be required to provide progress reports, Holland answered, every 90 days and these will go through the Airport Commission prior to going to Council. de Parking Revenue Report The parking revenue report for the last fiscal year was included in the meeting packet. It was noted that revenues slightly exceeded those of the previous year. Holland rePorted that new long term parking permits will be issued by September 1, 1998. Airport Master Plan Executive Summary The Airport Master Plan Executive Summary was also included in the packet and Holland pointed out that extra copies are available should anyone need any. Van Zee asked where the figures for growth in the community came from. Holland replied, Aries Consultants did extensive research and interviewed people in the community to determine the potential for growth. COMMISSIONER COMMENTS AND ~UESTIONS AIRPORT COMMISSION MEETING MINUTES JULY 9, 1998 PAGE 3 10. 11. Commissioner Bielefeld asked about the activity at the Float Plane Basin. Holland reported that the tower is keeping track of the number of planes going in there and it appears that the number of users is down somewhat from this time last year. Bielefeld asked about fuel sales. Holland noted that those sales are about average. Holland also noted that information sheets have been posted in the registration buildin§ at the float plane basin which explains the traffic patterns and other sources of fuel. Commissioner Knackstedt again reiterated his concern about widening the gravel runway. Knackstedt stated that from looking at the drawing the taxiway was widened 20' and that probably isn't a big deal with 10' on either side with no fiIter fabric showing on the drawings. The access road, which is on the edge of the parking apron, is being widened 7-1/2' with no filter fabric showing on the drawings so Knackstedt wasn't sure of the type of fill. Knackstedt noted that the road is being moved over and there is still no filter fabric when it was present in the area where the road used to be. Knackstedt suggested that Holland ask the design engineer if that would be a problem and perhaps he can give some recommendations or explain why it wouldn't be problem. Holland stated that he will ask the engineer and will report back to the Commission. PERSONS NOT SCHEDULED TO BE HEARD - None IITFO~TION ITEMS Kenai City Council Meeting Action Agenda June 17/h July 1, 1998. 7/2 / 98 letter accepting resignation of Commissioner Koerber. 7/2 / 9 8 letter of appointment Airport Commission to Dan Van Zee. Holland and Thibodeau welcomed Van Zee to the Airport Commission. de Airport Commission membership update. ADJOURNMENT HOLLOWAY MOVED TO ADJOURN. MI/IETING ADJOURKED AT 7:35 P.M. Respectfully Submitted, Barbara Roper, Contract Secretary AIRPORT COMMISSION MEETING MINUTES JULY 9, 1998 PAGE 4 KENAI ADVISORY HARBOR COMMISSION MEETING JIfY 6, 1998 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN WILL JAHRIG AGENDA ITEM 1' CALL TO ORDER ~k ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES - June 8, 1998. ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: REPORTS Director Dock Foreman ITEM 6' OLD BUSINESS ITEM 7: NEW BUSINESS a. Discussion -- Boardwalk Extension ITEM 8: COMMISSIONERS' COMMENTS/~~TIONS ITEM 9: INFORMATION a. Kenai City Council Action Agendas of June 3 and 17, 1998. ITEM 10: ADJOURNMENT KENAI ADVISORY HARBOR COMMISSION July 6, 1998 - 7:00 p.m. City Hall Council Chambers Chairman: Will JahriE *** MINUTES *** 1. ROLL CALL: Vice-Chairman Thompson called the meeting to order at 7'15 p.m. Members Present: Barry Eldridge, Tom Thompson Members Absent: Will Jahrig, Michael McCune, George Spracher Others Present' Public Works Director Keith Komelis, Councilman James Bookey, Contract Secretary Barb Roper Thompson canceled the meeting due to lack of quorum. 2. APPROVAL OF AGENDA ® APPROVAL OF MINUTES - June 8, 1998 4. PERSONS SCHEDULED TO BE HEARD - None 5. REPORTS a. Director b. Dock Foreman 6. OLD BUSINESS - None 7. NEW BUSINESS a. Discussion -- Boardwalk Extension 0 COMMISSION COMMENTS/l~ (~UESTIONS 9. INFORMATION Kenai City Council Action A~endas of June 3 and 17, 1998. 10. ADJOURNMENT Respectfully submitted, Barbara Roper, Contract Secretary KENAI ADVISORY LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTIVITY ROOM JULY 7, 1998 ~ 7:30 P.M. AGENDA ITEM 1' CALL TO ORDER/h ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3' APPROVAL OF MINUTES- Regular Meeting of June 2, 1998 ITEM 4: PERSONS SCHEDULED TO B_E HEARD ITEM 5' REPORTS Director Friends of the Library Public Relations Committee Library Addition Committee ITEM 6: OLD BUSINESS a. Goals & Objectives Update ITEM 7: NEW BUSINESS ITEM 8: COMMISSIONERS' COMMENTS/0UESTION,~ ITEM 9' INFORMATION a. Kenai City Council Action Agendas of June 3, and 17, 1998. b. 6 / 2 / 98 CLF memorandum regarding "excused absences." ITEM 10' ADJOURNMENT Kenai Advisory Library Commission July 7, 1998 - 7:30 p.m. Kenai Community Library Activity Room Chair Bob Peters *** MINUTES *** 1. CALL TO ORDER AND ROLL CALL Chairman Peters called the meeting to order at approximately 7'37 p.m. Members Present' Bob Peters, Kathy Heus, Janet Brown, Janice Rodes, Vincent O~eilly, Elissa Fahnholz Members Absent: Carol Brenckle, Lorrene Forbes Also Present: Director Emily DeForest, Councilman Joe Moore, Ethel Clausen, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA BROWN MOVED TO APPROVE THE AGENDA. MOTION SECONDED BY HEUS. THE AGENDA WAS APPROVED AS PRF~ENTED. 3. APPROVAL OF MINUTES ReEular Meeting of June 2, 1998 BROWN MOVED TO APPROVE THE MINUTES OF JUNE 2~ 1998. MOTION SECONDED BY HEUS. MINUTES WERE APPROVED AS WRITTEN. 4. PERSONS SCHEDULED TO BE HEARD - None 5. REPORTS a. Director DeForest provided members with a copy of the July calendar, the June 1998 monthly report, the year end report for the Library and an article on referenda for public library buildings. DeForest reported that a new employee, Cynthia Galic, began July 1, 1998 and is doing very well. Galic had previously worked as a substitute at the school libraries so is very familiar with the library automation system. be June was very busy but by 4'00 p.m. on July 6, 1998 the library had over 480 people visit. 106,235 books were checked out of the library last year. The Internet usage continues to increase. The librm-y had funds remaining in the Machinery and Equipment budget ~.nd these were used to purchase a reference, computer. This computer will only be used for reference work and not regular Intemet service. This will be very helpful to many patrons as they will no longer have to wait for others to get off the Intemet. There have been many requests for different types of word processing programs on the public use computers. DeForest noted the computers currently have Write and Word and cannot afford to purchase new software. Heus recommended that consideration be given to providing the same type of software the schools use. DeForest stated that several individuals from Job Service visits the library to work on resumes so it was important to have the same type of program, which happens to be Word. DeForest pointed out that the year end report will be provided to Council at their next meeting. Moore commented that the article on referenda for public libraries was quite remarkable and that it indicated that the Kenai library was way behind the times. Moore pointed out that 88,000,000 was awarded to San Diego county for a library project and 120,000 in Vermont. A brief discussion took place on the article and it was noted of the library projects listed, 65% of the referendums had passed. DeForest reported the article will be provided to Council. Heus asked how the stoppage of interlibrary loans from the State library affected Kenai. DeForest replied, there is no effect as the ratio for State library visits is 1 in $0. It was also noted that the library does not have to go to the State library before going outside to obtain books. Peters asked how the new employee was referred to the library. DeForest answered, the City goes through Job Service for all vacant positions. Job Service does the advertising and partial screening. DeForest continued, the library received 15 applications and six were scheduled for interviews. Three of the six withdrew for various reasons. Friends of the Library Heus reported that the Friends of the Library met on July 6, 1998. The book sale raised $1,827.34 and an additional $123.00 was raised at the Kenai River Festival. Heus noted that most of the available books were sold and very few were brought back to the library. Kenai Advisory Library Commission July 7, 1998 Page 2 Ce de The Friends is in good financial shape, the building fund remains fight around 21,000.00 and donations continue to come in. The annual raffle should increase that figure by 1/3. Heus reported that tickets for the raffle will be available within the next couple of weeks. If anyone is interested in either selling or purchasing them they are asked to contact DeForest. The 50th birthday celebration for the library will be held on March 7, 1999. Heus reported that plans are being made and the celebration will be quite extravagant with visiting dignitaries, etc. Moore stated that Council will be in support of the celebration. The Friends held their annual elections and all officers agreed to serve one more term. The 4th of July parade was successful and everyone had a good time. Consideration will be given to providing a new banner for the parade next year. A fall book sale is being considered but a total format has yet to be determined. Public Relations Committee Peters reported that two members attended the Friends of the Library meeting on July 6, 1998 to publicize the library addition. Library Addition Committee - No report Moore stated that Council was updated on O'Reilly's report from the last meeting regarding other methods of fund raising and searching for a grant writer. No comments were made. Peters indicated he heard a rumor that the City will pay for the grant writer/fund raiser for the library. Moore responded, it was always known to Council that a small investment to search out money has worked in the past. The Challenger Learning Center and Public Health Center were used as examples of how things can be produced. e OLD BUSINESS Goals and Objectives Update Peters pointed out that the final Library Goals were included in the packet and the Commission needed to adopt them. After a brief review of the revisions Heus noted that Goal B, Objective #8 was not changed per the Motion made at the last meeting. The goal Kenai Advisory Library Commission July 7, 1998 Page 3 should read; "Continue to implement usage of commercial services and the addition of loan programs to include compact audio discs, computer software, books on tape, and education video cassettes." It was also noted that the date shown at the top of the page needs to be changed to July 7, 1998. HEUS MOVED TO ADOPT THE GOALS OF THE LIBRARY COMMISSION TO BE APPROVED WITH THE AMENDED DATE TO BE JIfY 7~ 1998 AND THE CORRECTIONS MADE TO GOAL B~ OBJECTIVE 8. MOTION SECONDED BY BROWN. Voice Vote - Ali in favor - Motion passed unanimously. 7. NEW BUSINESS - None COMMISSIONER'S COMMENTS [ OUESTIONS Councilman Moore brought attention to the memorandum in the packet from Clerk Freas regarding "excused absences" and did not think it was directed at the Library Commission. After discussion on enforcement of absences, Moore reported that Council is supposed to do the enforcement and they get the information from the attendance records provided by the City Clerk. Moore continued, because all Commissioners and Committee members are volunteers no enforcement is ever done. It was also noted the memo was not directed at one particular Commission, all Committees and Commissions received it. Commissioner O'Reilly stated that he is beginning to feel a sense of urgency to move forward and make progress with the library addition. O~eilly asked what would happen in 2 to 4 years if there was no library addition. DeForest replied, the library would lose volunteers and that is happening at this time. O~eilly asked if the library is hearing from the patrons about not receiving services they want. DeForest answered, there are a few patrons who request things that are not available. DeForest continued, the Friends of the Library has comment cards and the comments received indicate the library is doing very well which doesn't help with the request for a library addition. If most of the comments addressed the shortage of space, the inability to get on the Internet, inability to find the books desired, etc., it would most certainly support the plea for an addition. O~Reilly asked if there was a record of the actual number of people in and out of the library in a year period. DeForest pointed out that the information was provided on the second page of annual report. There were 94,690 people through the library last year. Kenai Advisory Library Commission July 7, 1998 Page 4 O~Reilly didn't think the proper steps were being taken to get the library addition built. If it is indeed the top priority then the Commission should take whatever information that was presented so far, get some additional ideas, hire a grant writer and move forward. Moore suggested that consideration be given to perhaps incorporating the library addition efforts with those of the Challenger Learning Center. Perhaps a satellite facility located within the Challenger Learning Center could become a reality. Moore reported that the Challenger Learning Center board has terminated their relationship with the City of Kenai and is now operating independently. The City will only own the land the center will be built on. Moore continued, the plans are to build the center in three phases and perhaps a satellite library facility could be included in one of the phases. After a general discussion it was noted that perhaps a science library could be established as well as video conferencing which is becoming very popular. It was noted that the Challenger Learning Center also needed a lot of money and perhaps a joint grant could be obtained for the two projects. Heus thought it may be easier for a company (PTI, HEA, Microsoft, etc.) to provide funds for more than one entity. Peters thanked Moore for his input and support of the Library Commission. Commissioner Heus agreed in part with O~eilly and thought it was important to keep the needs and concerns of the library in front of the City Council through verbal reports. Friends will have a newsletter going out soon and it will include an article on what the Commission is doing and what the concerns are. Heus thought the Commission should really move forward and focus on the library addition. Commissioner Fahnholz apologize for missing the last two meetings, she was working out of town. Fahnholz thought a fall book sale was an excellent idea as many people weren't available for the spring sale. Chairman Peters commented on the remark made about the Commission's waning enthusiasm for the library addition. It has gone on much too long and the Commission wants some action. Peters liked Heus' idea of including the needs in the newsletter and added that community meetings will be helpful in getting the word out to the public. Peters noted that it was difficult at times to get someone to volunteer to attend the meetings. e INFORMATION Kenai City Council Action Agenda of June 3, and 17, 1998. 6/2/98 CLF memorandum regarding "excused absences." Kenai Advisory Library Commission July 7, 1998 Page 5 10. ADJOURNMENT BROWN MOVED TO ADJOURN. ADJOURNED 8:45 p.m. Respectfully submitted, MOTION SECONDED BY HEUS. MEETING Barbara Roper Kenai Advisory Library Commission July 7, 1998 Page 6 A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283-4378 REPORT FOR THE MONTH OF JUNE, 1998 Circulation Adult Juvenile Easy Books Fiction 2397 Non-Fiction 1761 Periodicals 52 790 1641 256 364 Kits Puzzles Phonodiscs Cassettes Videos 11 11 --- 221 741 Miscellaneous 787 Total Printed Materials .. 7261 Total Circulation .. 9032 Additions Docs Adult Gifts 18 126 Purchases 202 Total Additions .. 424 Juvenile Easy Books 11 9 27 22 7 2 AV Imerlibrary Loans Ord er ed Rece iv ed Return ed Books 27 '22 30 · Imerlibrary Loans by our Library .. Books 41 Volunteers Number .. 34 Total Hours .. 379 (Includes 15 volumeers/116 hours for Book Sale) Income Fines and Sale Books Lost or Damaged Books Xerox $1,419.91 217.22 342.00 Total Income for June, 1998 ... $1,979.13 A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283-4378 Library Cards Issued June, 1998 Kenai 85 Kasilof 8 Nikiski 18 Soldotna 20 Sterling 5 Other 37 Total 173 Library Patronage ... 9,484 Persons A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283-4378 REPORT FOR FISCAL YEAR 1997-1998 Circulation Adult Juvenile Easy Books Fiction 26739 Non-Fiction 25711 Periodicals 1090 7077 18414' 4031 4585 Kits Puzzles Phonodiscs Cassettes Videos 113 51 24 1863 8579 Total Printed Materials .. 87647 Total Circulation .. 106235 Miscellaneous 7958 Additions Docs Adult Juvenile Easy Books AV Gifts 175 786 142 237 168 Purchases 1353 185 285 35 ,. Total Additions .. 3366 Imerlibrary Loans Ordered Received Returned Books 350 284 255 Imerlibrary Loans by our Library .. Books 452 Volumeers Average Number .. 287 Total Hours .. 2547 Income Fines and Sale Books Lost or Damaged Books Xerox $17,952.99 3,124.94 3,805.55 Total Income for Fiscal Year 1997-1998 ... $24,883.48 A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283-4378 Library Cards Issued Fiscal Year 1997-1998 Kenai 730 Anchor Poim 3 Clam Gulch 13 Cooper Landing 8 Homer 4 Kasilof 76 Nikiski 219 Ninilchik 4 Seward 2 Soldotna 275 Sterling 66 Other 246 Total 1646 Library Patronage .. 94,690 Persons , ! 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CALL TO ORDER &, ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTER - June 4, 1998 PERSONS SCHEDULED TO None OLD BUSINESS Kenai Municipal Park Cunningham Park NEW BUSINESS Rest Room Placement/Beaver Creek DIRECTOR'S REPORT Solstice Fun Run Bernie Huss Fitness Trail Rotary Club Playground Slide Installation Fourth of July Parade Tractor Bids Hydro-Seeding quotes/Erick Hansen Scout Park Multi-Use Recreational Facility ITEM 8: ITEM 9: ITEM 10: ITEM 11: . 2. 3. 4. 5. 6. QUESTIONS/is COMMENTR CORRESPO~ENCE PERSONS PRESENT NOT SC_H~_-DUL~.r~ TO R~ _RI~'~A~ INFORMATION Council Action Agenda - June 3 and 17, 1998. Beautification Committee Minutes of June 9, 1998 -- Kenai Peninsula Borough Trail Plan Kenai Peninsula Borough Preliminary Trial Needs List Curly Ashfield Memorial Golf Tournament Summer Recreation/Weekly Program Schedule NO QUORUM. ITEM 12: ADJOURNMENT KENAI PARKS/k RECREATION COMMISSION *** MINUT~ *** July 2, 1998- 7:00 P.M. City Hall Council Chambers Chairman Richard Hultber~ ® ® e ® ® CALL TO ORDER AND ROLL CALL Chairman Hultberg called the meeting to order at approximately 7'00 p.m. Members Present: Richard Hultberg, Dale Sandahl, Ronald Yamamoto, Jack Castimore, Tim Wisniewski, Alicia Brewer (arrived at 7' 10 p.m.) Kelly Gifford {arrived at 7:15 p.m.) Also Present: Director Bob Frates, Contract Secretary Barb Roper, Councilman Duane Bannock (arrived at 7'45 p.m.) APPROVAL OF AGENDA AGENDA WAS APPROVED AS PRESENTED. APPROVAL OF MINUTES - June 4, 1998 MINUTES FOR THE MEETING HELD JUNE 4, 1998 WERE APPROVED AS WRITTEN. PERSONS SCttEDULED TO BE HEARD - None OLD BUSINESS . Kenai Municipal Park SANDAHL MOVED TO OPEN DISCUSSION ON KENAI MUNICIPAL PARK WHICH INCLUDES PUBLIC TESTIMONY. MOTION SECONDED BY YAMAMOTO. Rebecca Lambourn, Kenai, Alaska reported that she lives near the Kenai Municipal Park and asked to have the item put on the agenda because the park is a topic of conversation in the neighborhood. There is a lot of interest in what is going to happen to the park. Lamboum continued, her family has been involved and has enjoyed the park for a number of years but they do have concerns about security. Lamboum thinks it is one of the most beautiful spots within the City and feels it is one of the few remaining wooded bluff acres available. The park is very different .and special as it is a self-contained eco-system which are becoming more rare in the area. The park has as much to offer as other parks such as Denali and Captain Cook as it too has a great variety of plants and animals, Dena'ina house sites, and food caches. Lamboum questioned if many of the people in the community realized what is Kenai Parks & Recreation Commission Meeting July 2, 1998 Page 1 available and how special it is. Lamboum stated when she heard there may be changes made to the park, she became concerned and wanted to point out to the Commission just how special it is and how important it is to the kids who live and play there. Lamboum reported there are some individuals around town who are willing to participate and volunteer their time to help with a nature trail should the City wish to consider one. Such a trail would benefit the local people for educational purposes. Some of the schools already take field trips through the park. Lamboum and her husband are willing to provide information on the archeology on the Dena'ina house pits that have been excavated in the park. The Visitors Center has been contacted to determine ff they would be intereated in assisting with the nature trail. Lamboum also reported that she spoke with Alan Boraas who was very excited about the idea and has offered his help. There are already some beautiful existing trails in the park and Lamboum's children have already named one The Wild Flower Walk and another the Cache Pit Walk. Because ravens nest in the park, they also named a tree the Raoen Tree-. Lamboum provided the following suggestions for improvements: Block off traffic to the park as there is no reason for anyone to be driving in there. Establish clear parking areas either on each end or along the side to prevent people from driving into the park. Establish a Community Neighborhood Watch Program with clear signs posted that include phone numbers so people could report anything suspicious. Lambourn again reiterated that there are several individuals who are offering their time and effort to make the park a good, safe place for the community. ltick~ Cease, Kenai, Alaska stated that he is the Manager of Exhibits and Education for thc Visitors Center and reported that he had walked through the park with Lamboum. Oease stated the City has a museum that is fried with artifacts, etc., and he seea people come in from all over the world to view a part of the area's cultural heritage, a real strong point for the City of Kenai. Geaae reported the walk-through opened his eye~ to the resources in the park. He spent the last few months developing the Old Town Walking Tour map and the Kenai Municipal Park would be easy to incorporate some sort of nature trail which could be promoted by the Visitors Center. Gease stated that he would be more than interested in assisting with the development of a nature trail. Gease read an excerpt from a magazine from the Museum Association, referencing archeological items and artifacts and how they are developed. Gease also read an article regarding removal of or possession of historic, Kenai Parks & Recreation Commission Meeting July 2, 1998 Page 2 pre-historic or archeological resources and the frees associated with them. Gease stated the archeological resources found in the Kenai Municipal Park are exactly the same as what are found on federal lands and hoped that the importance be weighed on the community. Gease suggested the park be developed to keep tourists in the area rather than have them go to Captain Cook Park. Kaeky Wells, Kenai, Alaska stated she too has enjoyed the park for many years and believes it is one of the best kept secrets in Kenai. Wells reported what she had learned in her outdoor education classes is applicable to the Kenai Municipal Park. Wells thought the preservation of the little piece of wilderness was wonderful and her two most favorite things of Kenai are the people and the parks. The park system has a wide diversity with the organized parks, grassy strips, memorial parks, health and fitness parks and having a little piece of wilderness in the middle of the city is incredible. Wells stated that eco-tourism is a big word these days and to have the park with a little protection and improvements would prove to be such an educational tool to the community and the tourists. Wells thought a one-hour walk-through park would provide a wonderful curriculum for people as they would learn more about Alaska, the natural things and the beauty shared in this community. Wells stated there are several people who come to Kenai with their sketchbooks and cameras and do that type of hunting rather than wipe out our wildlife. Wells continued, she has taught for years as a volunteer in the park but has never bragged about what a valuable resource it was. Wells not only taught watercolor and sketching in the park but she has taught Scouts about edible and poisonous plants in the park. Wells said that if some other plants were put in the area a person could spend hours and hours studying in there. Wells continued, she and her family have really enjoyed the park and it has been a salvation. Wells stated it would be nice when the vehicles are kept out of the park because they are tearing it up. Wells also stated another consideration is for people who are physically challenged as the parks have not been developed for them. The Kenai Municipal Park could very easily be made accessible for individuals who are physically challenged and work has already started on that. Wells reported she saw little old ladies open their door, reach out and pick a flower or a berry they didn't have access to before this park. Wells thought it was very important to keep a part of the park in the wilderness state because of the things it can teach about the beautiful land. Wells appealed to the Commission to keep parts of the park preserved for mainly educational purposes. Valerie Malanaphy, Kenai, Alaska stated she lives on Stellar Drive and is concerned about the security in the park and some of the things going on in there. Malanaphy reported that they've seen trouble in the park the past couple of years with vandalism and unsupervised kids° The trouble Kenai Parks & Recreation Commission Meeting July 2, 1998 Page 3 is now spilling over into the neighborhoods and is affecting the younger children. The younger children don't feel safe going into the park anymore as they are being picked on and harassed. Malanaphy reported a meeting was held at the park with a group from the neighborhood and they discussed opening the park up a little by taking down beetle kills trees and clearing dead trees. Malanaphy supported the idea as one spark could take down the entire park due to the amount of beetle kill in there. Malanaphy thinks blocking off the roads is a main issue as there is no need for traffic and kids in there drinking and littering. Malanaphy stated this is the first time she ha~ ever felt she had to look twice because of the unsupervised kids. Malanaphy continued, the four-wheel drive traffic in the park is absolutely destroying the hillside so securing the area from the beach side should be a high priority. Malanaphy is afraid the entire park will be lo~t if nothing is done now and if the City needs any help, the neighbors in the area would be happy to provide assistance. Julie Niederhauser, Kenai, Alaska stated she thought the park is in the process of being loved to death as the improvements that have been made have increased the use. It was pointed out that mo~t of those using it do not live in the neighborhood. Niederhau~er stated that was wonderful for the City of Kenai and every effort should be made to increase visitors to the area but it should be done in a manner where the people in the area don't feel like they are being short-changed. Niederhauser reported there .has been a considerable amount of vandalism in the area, which never used to happen. Niederhauser has been harassed at the park as well. She noted, there is an element of unsupervised teenagers who use the park for drinking, drugs, and other things that she has witnessed. Niederhauser agreed that removing the beetle lc[1] trees is needed but it can be done in a way that the inherent beauty of the park is not destroyed. Niederhauser continued, when she is not working she and her son walk down to the bluff through the park on their favorite trail. A price cannot be put on that type of time spent with a child and the memories that are being created. Niederhauser stressed that she didn't want to lose that and thought a balance can be made with the population who visits the park. Niederhauser stated she agreed with Kacky Wells, Kenai, the people, the parks, and the scenery are the best things going. Niederhauser continued, she didn't want to leave the area and that's whv the meeting was called and the neighbors got involved. Niederhauser ~lso appealed to the Commission to create a compromise to give the community the best of both worlds. Frates stated at the meeting with the neighborhood the Community Neighborhood Watch Program was discussed and asked if any of the packets Officer Carver mentioned were picked up. Niederhauser replied, 50 packets were picked up and approximately 1 $ to 20 were distributed. Kenai Parks & Recreation Commission Meeting July 2, 1998 Page 4 Niederhauser continued, the neighborhood very much wants to be involved. Hultberg asked if window decals were made available. Malanaphy answered, decals were not available and the packets did not have as much information as they hoped for so they will go back to the police department to get more materials and information on how other neighborhoods handle watch programs. Lamboum suggested a sign be placed at the entrance of the park indicating it is a community-watch area and provide a phone number available to report any suspicious activity is an excellent idea. Yamamoto asked if the Parks and Rec summer crew could provide some type security during the day as they walk through for clean up, etc.. Frates replied, the crew is on a schedule but most of the activity is done during the evenings. Bunny Swan-Gease, Kenai, Alaska suggested one way to make the park more valuable and to increase the number of visitors is to follow through with the improvements and by making the park culturally rich. Swan- Gease also stated she is Dena'ina Athabascan and does many presentations on tribal arts, house pits, and the programs so she realizes how extremely valuable the area is. Swan-Gease thought that taking this time now to make the cultural information available to visitors and other users would make the park a place of more respect. Swan-Gease continued, her family remembers the area from 40 years ago and can see · the changes and wants to know why nothing has been done to correct the problems. Swan-Gease pointed out there are many w~!!ing participants with good ideas and the City should act on them. Swan-Gease would be very interested in providing information on the area. Hultberg asked if some of the barabaras were identified. Lamboum replied, she had gone through the park and identified many of the archeological sites with colorful tape to assure they weren't destroyed when the clearing took place. Lamboum asked that if anyone walks through the area and finds sites unmarked, please notify her and she will provide the tape to mark them off. Swan-Gease reported these areas are very easily mistaken so she urged care when working in the area. Hultberg asked if anything would be developed which explains the sites. Swan-Gease answered, she would be happy to coordinate that. Hultberg requested that Swan-Gease work with Frates on the project. A very lengthy discussion took place with the Commissioners and the audience regarding the Kenai Municipal Park and the many problems with unsupervised teenagers and vehicles using it. Several members of the audience reported being harassed and thought that blocking the area off to traffic on both ends would eliminate rnost of the problems. It was noted that along with the clearing, blocking off traffic, and the development of a neighborhood watch program, the Kenai Police Department should also be involved to stop the harassment and drinking that goes on in the park. Kenai Parks & Recreation Commission Meeting July 2, 1998 Page 5 Bannock stated Council is aware of the problems in the park and the concerns of the neighborhood. Bannock thought Council would allow the Parks and Recreation Department to draw up an improvement plan and, if necessary, Council would make funds available if required. Discussion took place on handicap access to the park and how that could be accomplished should the park be closed to vehicular traffic. It was noted efforts for handicap access is being addressed and provisions could easily be made to assure access to the trails. SANDAHL MOVED TO CLOSE THE KENAI MUNICIPAL PARK TO ALL VEHICULAR TRAFFIC. MOTION SECONDED BY YAMAMOTO. Vote SAND~ Yes YAMAMOTO Yes GIFFORD Yes CASTIMORE Yes WISNIEWSKI Yes BREWER Yes HULTBERG Yes Motion passed unanimously. Yamamoto left at 8:20 p.m. o Cunningham Park Frates reported that Cunningham Park and Norville's ideas were discussed at the last council meeting. Because of the City Engineer's summer work schedule, plans will not be developed in the fall or early winter. Frates pointed out the original plan for expansion of Cunning.ham Park was included in the packet and includes the two adjacent lots. Frates thought the existing park boundary could easily allow for expansion to include enlarging the parking lot, boardwalks, ramp, etc. Frates continued, he thought the initial work could be engineered and designed in such a manner to allow for future growth. Castimore explained Norville's proposal to the Commissioners who were absent at the last meeting. Castimore thought in addition to the Cunningham Park expansion, consideration should also be given to the dunes. Castimore wondered if it would be possible to include the dunes in the Norville proposal to protect them from the thousands of people who walk over them each year. Castimore felt there was more to be protected at the dunes than at Cunningham Park and installing stairways up and over the dunes would protect them. Providing signage and fencing would also be helpful. Frates reported that much of what Castimore suggested will be handled within the next few days. The material to block off the dunes is available and a kiosk and bulletin board display will go in which will provide valuable information. Kenai Parks & Recreation Commission Meeting July 2, 1998 Page 6 Frates reported that he and the City Engineer will be worldng with Norville on the budget and designs for the Cunningham Park project. (5. NEW BUSINESS , Restroom Placement / Beaver Creek Frates reported the old restrooms at Beaver Creek and Municipal Park were removed and replacements will be ready for installation very soon. Frates asked the Commission if they had any suggestions on where the toilets should be placed. After a brief discussion it was decided the new restrooms would be placed close to the playground equipment. Discussion took place on the cost of the restrooms and Frates reported they were approximately $10,000 each. Discussion also took place on rentals versus purchasing new restrooms and Frates stated it was more feasible to purchase new restrooms because of the high usage. Sandahl left at 8:30 p.m. 7. DIRECTOR'S REPORT 1o Solstice Fun Run The Solstice Fun Run was held on June 21 and everyone had a good time. Frates reported there is consideration to expand the program to include a full day of events. 2. Bernie Huss Fitness Trail Hultberg encouraged everyone to walk through the Bernie Huss Fitness Trail as the work accomplished in the park has improved the area tremendously. Discussion took place on relocating the sign to one side in order to open the area up even more. It is anticipated the sign will be moved before the end of the season. e Rotary Club Playground Slide Installation The Rotary Club assisted in installing the new slide. Frates stated the assistance from the Rotary Club was very much appreciated. ^ new slide will also be installed at the Beaver Creek Park in the near future. , Fourth of July Parade Parks and Recreation will participate in the 4th of July Parade. It was reported that breakfast will be served at 8:00 a.m. and the parade starts at 11:00 a.m. 5. Tractor Bids Kenai Parks & Recreation Commission Meeting July 2, 1998 Page 7 , Council approved the tractor bid from Stephans. Tool Rental in the amount of $19,995.00. The new tractor should be in use within a week. Hydro-Seeding Quotes - Erik Hansen Scout Park It was determined that hydro-seeding Erik Hansen Scout Park would be better to do because of the amount of wind that comes off the bluff. e , Multi-Use Recreational Facility The design committee for the Multi-Use Recreational Facility will meet on July 8, 1998 at 3:00 p.m. in the City Council Chambers. ~UF~TIONS ~k COMMENTS Councilman Bannock apologized for being tardy. Bannock reported the Kenai Peninsula Offer Board will be making a request to the City Council to rename Oiler Park to Coral Seymour Memorial Parle Bannock hoped the issue would come before Council at its next scheduled meeting. Bannock respecth~lly requested the Parks and Recreation Commission consider a motion to recommend approval of the name change. Gifford stated she would only be a part of the motion if, along with the name change, improvements were made to the one side of the fence. Bannock reported a new lease agreement will be signed for the Park. GIFFORD MOVED TO RF~OMMEND APPROVAL TO REN~ THE PARK TO CORAL SEYMOUR MEMORIAL PARK ONLY IF IMPROVEMENTS ARE MADE TO THE RIGHT FIELD FENCE ADJACENT TO TINKER STREW. BREWER SF~ONDED THE MOTION. Gifford stated the fence needs to be painted, top soil brought in and grass planted. Frates stated two different issues are being discussed and didn't think the two should be tied together. Bannock thought the fence improvements would be better addressed in the new lease arrangement. GIFFORD AMENDED THE MOTION TO RECOMMEND THAT COUNCIL APPROVE REN~G OILER PARK TO CORAL SEYMOUR MEMORIAL PARK. MOTION SECONDED BY BREWER. Vote GIFFORD Yes WISNIEWSKI Yes HULTBERG Yes CASTIMORE Yes BREWER Yes Motion passed unanimously. Kenai Parks & Recreation Commission Meeting July 2, 1998 Page 8 ® 10. 11. Hultberg hoped the Offer Board realized there were also other members of the organization who have passed on but made some outstanding contributions to the Offers. Bannock reported, there was substantial debate regarding other individuals and they were recognized for their contributions. The reason Seymour was chosen was because the Board could not decide on someone else who had single-handedly invested as much blood, sweat and tears into the field for the Offers as Coral Seymour. Bannock continued, the organization did not want detract any of the accomplishments from others from the Offer organization but there wasn't one person on the Board who could say that anyone could hold a candle to the accomplishments of Seymour for ~hat aspect of Offer baseball. Commissioner Gilford asked about the status of the iron fence for the entrance of the cemetery and thought such a fence would enhance the new sign. No report was provided. Commissioner Brewer reported that the August 6 meeting would be her last as she will be leaving for school. Brewer asked ff a letter of resignation was required. It was confirmed the letter is required. Commissioner Wlsntewskt commented that the City looks very nice, the Memorial Park in particular, and he appreciates that the sidewalks are finally swept. Gilford reported that someone had complained on Sound Off that the sidewalks in Soldotna had not been cleaned. Commissioner Hultberg asked about the Lions handicap project. Frates answered, the work will commence on July 8. Hultberg reported there may be a drastic change to garbage clean up next year. Discussion took place on the incentives for trash pick up. Commissioner Castimore reported that he had a cousin visit Kenai on July 2 and she was very impressed with the town. His cousin is a breast cancer survivor who climbed Mt. McKinley and was followed by ABC News. She came off the mountain on June 28. ABC's 20/20 program will air the event in September. CORRF~PONDENCE- None PERSONS PRESENT NOT SCHEDULED TO BE ~wr~. None INFORMATION , 2. 3. 4. Council Action Agenda C June 3 and 17, 1998 Beautification Committee Minutes of June 9, 1998 -- NO QUORUM Kenai Peninsula Borough Trail Plan Kenai Peninsula Borough Preliminary Trail Needs List Kenai Parks & Recreation Commission Meeting July 2, 1998 Page 9 1:2. Frates requested that commissioners contact him should they have any questions on the KPB Trail Plan and needs list. e Curly Ashfield Memorial Golf Tournament Summer Recreation / Weekly Program Schedule ADJOURNMENT BREWER MOVED TO ADJOURN. MEETING ADJOURNED AT 8:50 P.M. Respect~lly submitted, Barbara Roper, Contract Secretary Kenai Parks & Recreation Commission Meeting July 2, 1998 Page 10 CITY OF KENAI PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS June 24, 1998- 7:00 p.m. h ttp://www. Ken ai. n et/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: June 10, 1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: e PUBLIC HEARINGS: a. PZ98-28--An application to amend Conditional Use Permit PZ95-30 to include a crushing plant and an asphalt plant for the property described as Tract 6, Horseshoe End at River Bend Subdivision (approximately 2113 Beaver Loop Road). The original permit (PZ95-30) was issued for Extraction of Natural Resources. Application submitted by foster Construction, P.O. Box 303, Soldotna, Alaska. Continued from June 10, 1998. NEW BUSINESS: a. PZ98-30---A resolution of the Kenai Planning and Zoning Commission recommending that the Kenai City Council approve the Historic Preservation Plan for the City of Kenai. 8. OLD BUSINESS: CODE ENFORCEMENT ITEMS: a. PZ98-08--Variance Permit (Oversize Sign)~One Stop Grocery 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. State of Alaska 2000-2002 Statcwid¢ Transportation Improvement Plan (STIP) Evaluation Criteria b. Kcnai Peninsula Borough Trail Plan & Preliminary Needs List 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PIANNING AND ZONING COMMISSION June 24, 1998 - 7:00 p.m. Chairman: Carl Glick 1. ROLL CALL: Chairman Glick called the meeting to order at 7:00 p.m. Members Present: Carl Glick, Phil Bryson, Teresa Wemer-Quade, Ron Goecke, Barb Nord, Karen Mahuri~, Art Graveley Others Present: Councilman Hal Smalley, City Attorney Cary Graves, Administrative Assistant Marflyn Kebschull, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA WITH THE ADDITIONAL ITEMS HANDED OUT PRIOR TO THE MEETING AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY MAHURIN. AGENDA WAS APPROVED AS PRESENTED. e APPROVAL OF MII~TES: - June 10, 1998 Graveley requested his last name be spelled correctly in the June 10, 1998 minutes. MAHUR.IN MOVED TO APPROVE THE MHiUTES OF JUNE 10, 1998. SECONDED BY GO~~. Mahurin and Wemer-Quade stated the person identified on page 21 as Vesta Leigh was actually Jo-An Buzzell. The name needs to be corrected. THE MINUTES OF JUNE 10, 1998 WERE APPROVED AS CORRECTED. 4. PERSONS SCltEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: - None 6. PI~LIC HEARINGS: Planning & Zoning Commission June 24, 1998 Page 1 PZ98-28-- An application to amend Conditional Use Permit PZ95-30 to include a crushin~ plant and an asphalt plant for the property described as Tract 6, Horseshoe ]~nd at River Bend Subdivision (approximately 2113 Beaver Loop Road). The original permit (PZ95- 30) was issued for Extraction of Natural Resources. Applications submitted by Foster Construction, P.O. Box 303, Soldotna, Alaska. Continued from June 10, 1998. GRA~LEY MOVED TO APPROVE PZ98-28 -- APPLICATION TO AMEND CUP PZ95-30. MOTION SECONDED BY GO~KE. Glick noted this was a continuation from the last meeting but a public he~i_ng will be allowed as it wa~ advertised. Glick requested those individuals wishing to speak to the item to come forward, enter their name on the sign in sheet and state their name and address for the record. Glick also stated that testimony will be limited to 3 minutes. Verbatim Begins Phil Nash, 110 S. winow, # 104, Kenai, Alaska-- I hope that wasn't included in my three minutes (he signed in). Glick: That will start now. Nash: Again my name is Phil Nash, my office address is 110 S. Willow, # 104, Kenai. I represent the estate of Waldo Coyle, currently administered by George Goerig, Esq. and Sue Wright, Beneficiary. A... an official of the City yesterday suggested to me that the commission members might not understand that I am an attorney paid from the estate assets ah... (illegible) and that I should disclose that fact to you tonight in case there was any question about where my pay may be coming from. Members of the Commission, Mr. Chairman, I have...I'm going to try and...and...direct myself to about five issues tonight. The fa'st one is a potential for a procedural error. The notice for the public hearing was an application to amend the Conditional Use Permit, PZ95-30. The motion at the hearing on June 10 was to approve an amendment to that conditional use permit. There wa~ considerable public op...opposition. It was again brought up as a motion to amend tonight except that yesterday the City informed me that it is now, apparently, considering thi~, or maybe considering this, as instead a new application under Section 150, which has much less stringent requirements and not an amen~ent under 151. Now, I'm not sure that that will come before you tonight but of course we are here under a public hearing so I can only addreaa those issues that I... I think I'm aware of. My point is, ff that Planning & Zoning Commission June 24, 1998 Page 2 does come to you tonight, in further proceedings in this matter, I would suggest to you, and...in fact I would submit for the appeal record, that the public notice, if that is an amendment, the public not/ce is thereby procedurally defective, the motion placing the matter before the body last June 10, wha...what it was, would be procedurally defective, the motion bringing the matter on before you tonight would be procedurally defective, it would violate the whole concept of your...your municipal code and the state law and the Constitution of the State of Alaska. I hope that won't come up tonight. Next section, to the extent that this is in fact an amendment process, which is what is setting on before you as, my first point is that there is no special advantage to an amendment and...and .... I would suggest it's important for you to remember that. Kenai Munic...Municipal Code 14.20-158(b) provides that ape ~rm__~t holder may amend his site plan and statements by filing an application for amendment, etc.,, etc.. The commission shall approve the application for amendment if the original application would have been approved had it contained the provisions of the application for amendment. So, the theory is...is to remember you can't boot-strap something in by giving one permit first and then trying to amend later and slide it in on its own. They all have to work together. To the extent that this is a Conditional Use for Surface Extraction of Natural Resources, there's another matter that's very important relative to your code, Kenai Municipal Code 14.21.151, provides in pertinent part that the application for the conditional use permit, this would be the same for an amendment for that use permit, to engage in the surfin...surface extraction of natural resources shall be in writing, etc., have to have a site plan, all the rest, number 7, under part (a) is very important, location and nature of other operations. The next thing, Findings Following a Public Hearing. Kenai Municipal Code 14.21.154 (a) provides that upon the basis of the application, supplemental information and the public hearing, the commission shall make a determination. Folks, that is a finding of fact for the courts. A determination as to whether the need for the particular natural resource, which will be of course crushed gravel and asphalt, within the City of Kenai outweighs any detrimental effects the operation may have on surrounding property owners. (~lick: Mr. Nash, you're way past 3 minutes already. Nash: I... I would ask for special consideration to be able to permit since I'm arguing the law and not an emotional issue. Planning & Zoning Commission June 24, 1998 Page 3 Glick: Only if somebody else in the audience is willing to give up their ~e. (Three individuals indicated they would give up their time) Nash: Thank you. Item number 4 maybe important for you to take a look at, and that is your annual report requirements. Kenai Municipal Code 14.20.155(b) provides that the permit holder shall submit a yearly report. Have there been annual reports? Now, I'm not saying there haven't, I am saying that the file, at least, that I looked at did not include any annual reports. If there had been no annual reports, should the existing permit not be terminated under KMC 14.21.577 Next point, To the extent that this may be a new conditional use permit brought before you tonight, 14.21.50(a) provides generally that there are some uses which may be compatible with the principal uses in some zones if conditions are met. (b) (1) provides, uses not specifically permitted in the zone concerned may be permitted providing the following conditions are met, this is included on the front. Part (ii), such uses must be in harmony with the intent of the zone. Now, we~l come back the intent of the zone in a minute. Section (b) (2) is even more important, it provides, and this is important. Development and extraction of natural resources which can be mined underground without substantially disturbing the surface of the land may be permitted, providing the benefits to the City in terms of economic development must outweigh any adverse effects on the adjoining properties. Ladies and Gentlemen, I would submit it would be absolutely preposterous to assume that your code would permit the development of something underground, I mean, make the requirement on the development of something underground only if the benefits of the ter...and...the...the City in terms of economical development outweigh any adverse effects of the...to the adjoining property owners, and they~ make the same requirement if it is above ground. Kenai Municipal Code 14.20.150(b)(3) then provides that if you're going to have a surface extraction you got to do it under the other surface extraction code which is the 151. Which IYe already talked to. Now, we,ll hit probably the most important one, that is the intent of rural residential. Kenai Municipal Code 14.20.080(a}(2)(i) provides the intent of the rural residential zone to be as follows: The rural residential zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is to provide uses which would violate the residential character of the Planning & Zoning Commission June 24, 1998 Page 4 environment. Does a rock crusher and an asphalt plant violate the residential character of the environmental specific intent of that zone required under your code? After the last hearing I read in the Clarion, as you probably all did, that the City of Soldotna had recently awarded a paving contract to Foster Construction. I wrote to the City Manager, tried to determined if there were provisions in the contract for the batch plant to be located in Soldotna. A copy of that is included in the packet I will be giving you as (illegible). His responding letter is interesting and I am also providing that for a copy of the record, but Note 3, paragraph 3 of the letter; Finding an acceptable site so as not to affect a beautiful and quiet bedroom community may be difficult to do as most citizens consider their neighborhoods to be just that. Now, Mr. Bodecker's letter also addresses existing screening and asphalt plants. One is as you enter Soldotna from Kenai. I got a copy of a brand new map from the Borough that's marked Waldo Coyle Exhibit 'E', Kenai Peninsula Borough GIS Plat Map 18, everybody knows about it, can take a look at it, it,ll be a part of the record. At the last meeting I gave you a copy of Ruby's Dazzling Scenic View Subdivision, I now would refer you to the Kenai Peninsula Borough GIS Plat River...Plat Map Kenai River 6, this is the area we are interested when you look at it (Nash is holding the plat map up) you will notice that Ruby's Dazzling Subdiview...Subdivision is not yet in this Section 10 but it does show the location of most of the homes of these folks who are here tonight, perhaps you may want to put it up so that they can show you as they come up to testify where their little piece of the rock is. I have one last comment. Members of the Commfssion, Mr. Commissioner, if it would be difficult to find an acceptable site in the City of Soldotna to put a rock crusher and an asphalt plant, why would it be easier in the City of Kenai? I can assure you that the citizens of the City of Kenai consider their rural residential bedroom communities to be just as beautiful as do the cities .... citizens of the City of Soldotna. Thank you. . N~h: I would like to... if I may approach? (Nash handed out the ~Objectio~ of Waldo Co~le Estate~- copy included as part of the record). The one with the yellow is for the official record, I have copies for.., of the entire packet, for the members of the Commission who would like to have them. Here's more of Exhibit ~]~, and I will either give this one to you (talking about the plat map) or leave this one here depending on how you want it, for whoever wants to read it. Gllck: You can let it there for the moment. Planning & Zoning Commission June 24, 1998 Page 5 Nash: Okay (laid map on floor in front of podium). Okay, because I doubt that anybody would be much interested in me for the rest of the night, I would ask to be excused. Glick: Okay, thank you Mr. Nash. Dave Knudsen, 4460 Beaver Loop, Kenai, Alaska-- I need to sign in (gave up his time for Nash). Mr. Nash took most of my time. Ah... Curt Wilcox asked me to ah... make sure you had a copy of his letter and... the point that he wanted me to bring up was the request is not consistent with the intent of the details of the City Code in reference to; such uses must be in harmony with the intent of the zone. And...so I...you..you have a copy of this don't you? And... Gllck: Sir, would you state your name also. Dave Knudsen, I live at ah... 4460 Beaver Loop, and.., and.., and I concur with ah... Mr. Wilcox. So, you have a copy of this fight? Glick: Yes. Knudsen: Okay. Glick: Thank you. Anyone else in the audience wishing to speak to this item? Lloyd Richardson, 495 Dolchok, Kenai, Alaska--- and I~ll onl .... only use my 30 seconds. The reason we bought in that particular area is because it was rural residential, also that there were covenants in the area maintaining the value of the properties and I believe that an asphalt plant and rock crusher would deteriorate the value of the ah... 'neighborhood as well as the ah...surrounding area. I've delivered a lot of gas and diesel to ah...asphalt plants in the past in the Lower 48 and every one of them had a certain fragrance about them that I don't believe you would want blowing in your bedroom window. Thank you. Glick: Alright, thank you. Anyone else wishing to speak? Delora Garcia, o-528 Dolchok, Kenai, Alaska-- My husband was at the last meeting and he told you how he felt about this and it has not changed. I'm sure you all remember how much he was against this. Thank you. Gordon Gtfford, 1509 Barabara Drive, Kenai, Alaska -- I will look fight at it. IYe been there 27 years in that house. I did not have any... couldn't have perceived of any way that I would be living next to an Planning & Zoning Commission June 24, 1998 Page 6 aspalt plant. I've installed em', in California, IYe been around crushers. Also on the way to Anchorage this last week, there is one operating in the Pass. None of you want it in your neighborhood putting out sp .... stack off the asphalt...a stack dust, a plume of dust off the crusher. I don't think we need it in our neighborhood. It's rural residential .... I...I don't understand even why we have to fight it. Why is it going in? I don't understand it, but I guess we~l have to fight it. I don't understand why, we don't want it, we don't need it. Put it out on Marathon Road somewhere, §et it out of our neighborhood. Let b~m truck his rock to Marathon Road. Crush it, burn it and...hopefully, the Airport may not like it. I'm a§ainst it, I hope we don't have to take it further. Thank you. Victor Hett, 1507 Barabara Drive, Kenai, Alaska -- Good evening, my name if Victor Hett. I'm .... I hate to come here again like I did two weeks ago. Urn... as the rest of these people, my feelings have not changed. I noticed in Mr. Foster's letter that there's ah...mention of the traffic would be less because they will all go towards the Bridge Access. Well, getting out of my little street, I live on 1507 Barabara Drive, stepping back, I~l also be looking right at it, smelling it, listening to it, I don't want to do that. Um...I don't know who's going to pay for fixing Beaver Loop cause it's kinda going to pieces as we mentioned last week, and getting out of my road is a problem, even now, but with the trucks it's even worse in the summer. Ah... they continually run the stop si~n there at Bridge Access, which, I'm not the law so I guess that's not my worry except that is a bad intersection. We kinda put up with the ~ravel pit, urn.., the only reason may be now is that (illegible) in the road, but I'm concerned about the noise and the smell, and I noticed in Mr. Foster's letter that this pit, or this ah...crusher and ah... blacktop machine appears to be about 11 years old. Ah... Mr. Gifford speaking of the one up on the Pass, I'd like to know how old that one is, but I can expect 11 years ago there was not such stringent requirements as there are today. So, I...I hope, as Mr. Gifford says, I hope we don't have to go farther with this but we are prepared to do so because my house would not be worth much if this happens and I hope that maybe Mr. Foster would like to buy it because I don't want to live there if this happens. Thank you. Glick: Okay, thank you. Anybody else? Nolan Compton, 2785 Beaver Loop Road, Kenai, Alaska--- I live just basically about 300 yards from where the proposed plant is to go. Urn... I guess, from looking at the letters and looking at what is in here about the Department of Environmental Conser...Conservation, I'm sure that this plant's going to probably meet all the air quality and all thc um...soun...all of the air quality and probably water ah...as far as creating any environmental problems but thc Department of Environmental Conservation is not concerned about noise, there's Planning & Zoning Commission June 24, 1998 Page 7 no...no real regulations there and there is no real regulations about odor. Ah...odor is probably what everyone seems to be more concerned about and the noise that~ll be generated, obviously the dust. I can't believe that a City, in it's infinite wisdom, would consider the fact that you have a high school that is located directly (pointed out on wall map) across from this area. You have our golf course that's located there, you have our baseball field that's located there, when this plant is running, all those people are going to smell it. They may not hear it, they may see some of the smoke from it but they are definitely gonna smell it. The DEC doesn't regulate odor and this system, I'm sure, is going to have odor to it and that's gonna be a consideration that we need to think of for our City. Um... it's something that if you're playing a round of golf it wouldn't be very inviting to be out there. Ah...maybe everyone would go to Soldotna and play golf over there because they won't want to visit our golf course over here. There's just a lot of factors that seem to be going on with this and I guess back to the basic, I don't understand why we're even considering it in a residential area. Ah... it would seem like coding states that is a manufacturing, he's manufacturing asphalt, that's not really what the community is designed for, and I guess if you boil it all down, um...noise and odor and just the fact that it is a bedroom community and it's very nice down on Beaver Loop and I don't see where the tourists would find it very enjoyable to go to Cunningham Park anymore. It's just...you know.., overall just seeing what IYe seen of asphalt and what I vision of an asphalt plant, it's just something I don't think would be necessary in the community. I know that some way or another there is going to be one because there is a lot of asphalt needed and it's going to come to this area as we continue to develop but maybe we should look at other areas for the location of this particular plant. Thank you. Glick: Thank you. Anyone else in the audience wishing to speak to this? Jim KreY, 365 Dolchok, Kenai, Alaska-- ah... I was here last week ah... indicating my displeasure with ah... the site ah... selection for this endeavor and ah... thought about it for a couple of weeks, I'm sure as a lot of folks here and sitting out in the audience have and I kept coming back to the downtown area and our kids in the schools. Ah... granted, this operation will not be ah...year around operation, but the prevailing winds do (pointed out area on the wall map behind the podium) hit the core area of town. Urn... in a business setting, I...I...I read the ah...the .paperwork, and maybe four weeks out of the ah... summ__er, but when ~you're in business, when somebody knocks on the door, you react. Ails I can see is a time frame from about the last part of the school year going up through and including the football season where that particular area of town where the prevailing winds. Well the airport's (pointed out area on map again) at 019 and the prevailing winds are from the south, ah...a Planning & Zoning Commission June 24, 1998 Page 8 good 75% of the time, the wind is going to be blowing this way. When you put a plume here and it starts fanning out, you,ll be covering the high school, the middle school, the elementary school, the grounds that currently, or in a few weeks here, are going to have at least 4 to 500 kids playing soccer every night, not to mention all their ah .... family. The golf course was mentioned, ah... so i...i...to me it comes back to that, urn... I don't think those people want to ah... be exposed to that. Ah... a permits a permit and you know that it allows things to operate within a certain limit set by whatever agency the permit comes from, who monitors that is left up, generally, to the operator. Ah...I have ah... serious doubts about ah... the permitting system. The other thing I would like to ah... remind you of is we just had a similar situation here recently where ah... a residential area put up ah... put up a bit of a stink about a commercial building going into their residency area and you folks went through some grief on that and finally ah... agreed with the owners of the property that was zoned residential to disallow the commercial entity to come into their area. I think basically for the same reasons all these people are taltdng about this evening is we are residential area, we do not need a commercial entity, especially one that is spuing out odors and dust ah... I think that youYe set the precedence there and I hope you continue ah... with your voting this evening to disallow this ah... endeavor in that area. Thank you. John Coston, 470 Dolchok Lane, Kenai, Alaska--Good evening, my name is John Coston, excuse me... urn... I live a~ 470 Dolchok. You know, I still have a concern about the increased road traffic, bu~ you know, IYe got additional concerns abou~ ah... the rock crushing and asphalt plant. Urn... I was in consU-uction years and years ago so I know what batch plants smell like, I know what rock crushers are like. I did read Mr. Foster's letter saying he does have a scrubber and he's using it, what was it, a roller I believe was, to crush smaller rock, but.., but what I do know is many businesses build outside city limits because of the type of business they are, especially if they have ah...loud noise and smell. You know, smell and noise are real typical of batch plants. The one thing I'm not really sure about is the scrubber, it's a water scrubber and effective...effectiveness of the scrubber. Ah... what I~ll give to you is ah... some information from OSHA about asphalt fumes and the ah...carcinogenic effects. Another thing that I have ah... a little concern with is asphalt when it's sampled, check the quality of the sample, there's various methods. One uses ah... solvents with the asphalt in the centrifuge. Those solvents are typically like carbon tetrachloride and tetrachloride ethylene, those are known carcinogens. In North Carolina the State DOT is spending about, I think, about 21 rnill~on dollars doing some clean up of a ah... batch plant, so, what I~1 do is I~ll give you ah... information I have from OSHA (handed to Chairrn~ Glick) and I'm still against the...the plant fight now. Planning & Zoning Commission June 24, 1998 Page 9 Glick: Thank you. Anyone else in the audience wishing to speak? Jennifer Richardson, 495 Dolchok, Kenai, Alaska-- I live at 495 Dolchok Lane just off Beaver Loop and I also spoke two weeks ago to...to this group regarding concerns. I have the same concerns urn.., my concerns would be the same even though this letter says it's only going to be 200 tons per hour rather than 5 or 600 tons-- 200 tons per hour is a lot of rock being crushed and there will be noise, and there will be dust, there will be traffic, more traffic in and out of there and I still have the concerns about the air quality, water quality, our wells, our ground water, and the safety of the children. Thank you. Glick: Thank you. Henry Knackstedt, 1602 Barabara Drive, Kenai, Alaska-- Good evening, I'm Henry Knackstedt, ah... 1602 Barbabara Drive, and ah... I voice the same concerns my neighbors have in support of them and this document that Foster submitted and it was received by the City on duly 17th, I just picked it up and was reading through it and .... and I'm not n¢ceasarily qualified to understand all of it, but.., picked up little bit~ and pieces and...and... I was frankly more concerned about the crusher and the noise and I picked up on this other thing ah... in his.., in his third paragraph he says, the only exhaust from the stack emits...the only exhaust the ~tack emit~ i~ ~team from evaporation of moisture and aggregate being processed. Okay, it's just water vapor...but then when I look at Exhibit B, which is part of the permit, and ah... it indicates that particulate matter, this is for a lot more oper.., operating hours than they're planning on but it's what they are permitted for, ah... it page 17... 7 of 13, particulate matter is about 30 tons per year, that's about, oh what, 60,000 pounds in a year, Sulphur dioxide, 136.7 tons, roughly about 240,000 pounds in the air, it's not steam. I figured that it might be and then on the next page of Exhibit B continued, nitrogen oxides, nearly 100,000...or ah... 1,000 ton~ a year, that's about 180,000 pounds, and I didn't figure any of the others, but carbon monoxide, 39.3 tons, remember a ton is 2000 pounds ao... so you need to calculate and then Volatile Organic Compounds, those are ah... um...oil~ and stuff that, you know, you can smell, 26.2 and ah... there are probably some other miscellaneous things that they don't permit or look at or whatever, but ah... perhaps when ,Jack comes up he can kind of explain how that... maybe their equipment doe~ take that out and...I would like to ~ay too that Foster Construction is always ah... a real good f'am and everything like that, I... ah... but they are in my neighborhood and... I... don't really mind .... the pits there, you know, and ah... they're...they're.., they're making something of their property um...but urn.., the asphalt plant I'm kinda marginally concerned about because of the...but...my neighbors are very concerned about .... about that and the odor and I'm probably far Planning & Zoning Commission June 24, 1998 Page 10 enough away where that's not a concern, however, the noise from the crusher and.., and more consideration is something that I...I am concerned about and reading through Jack's letter here, or Steve's, Umo.. you know.., ah... perhaps ah... I haven't experienced that particular crusher and maybe I am overreacting but... I'm not so sure. Thank you. Glick: Thank you. Jeff Kohler, 4350 Beaver Loop Road, Kenai, Alaska--- Everybody who spoke to you here.., we... we each have a different concern, some of them overlap but I think just based on the number of people that are willing to show up here a second a night, you can get a gist for how the neighborhood feels about it. One of my concerns is...you get one...one heavy industrial use foot in the door in the gravel pit, what's next? I think each time that th...the...the door is opened it...it sets a precedence and makes it much easier for thc .... for thc next issue to come in. Ah... a lot of us are in a position...myself I bought ah... ah... Alaskan architecture home at the peak of the market, IYe been working hard and fighting to keep its value up and I think these are the tdnd of things that will...will keep eroding that, my ability to sell that and see any of my money back with the heavy traffic and the other issues that are (illegible) but...but just look at the people, a lot of these people came out second time, I know you folks are here every other Wednesday night, you know, certainly appreciate your work and I know that you...you tend to take a lot of flak for some of your decisions you make but this is ah... this is an issue that ah...normally I'm not real vocal in-coming out in these kind of situations but I felt it necessary this time. Thank you. Glick: Sign in Sir. Sir, would you sign in please. (Kohler signed in). Thank you. Anyone else in the audience wishing to speak? John Admire, 410 Rogers, Kenai, Alaska-- I live a b...a bit more removed than most of the folks you...youYe ah... heard from tonight, I live up at 410 Rogers, which is up on the, kind of the.., the small bluff that overlooks the whole Beaver Loop area and I would say .... I see a couple of my neighbors out there as well that...we up there on that...in that neighborhood have some of the same concerns, the odor and the...and the visibility concerns that might come up. Ah... I just came aware of this a couple of weeks ago, so I haven't had a lot of opportunity to look at the air permit or...or see how it permitted .... I .... I do see that it is...I .... I notice that Mr. Foster indicates that he~l be ah... using this facility on a limited basis, more for residential rather than commercial uses but he is permitted to operate 8760 hours per year, which is basically full time, all year long. Ah... don't know ff the...the...permit that the City would give them would limit the use, the time span that they can operate the plant but they are permitted to operate full time, all Planning & Zoning Commission June 24, 1998 Page 11 year long. Ah .... anyway, just wanted to ah... make sure you understand that...there...people outside of the Beaver Loop area that have some concerns as well. Thank you. Glick: Thank you. Mark Larson, 3040 Kim-N-Ang, Kenai, Alaska-- Hi, I'm Mark Larson, 3040 Kirn-N-Ang, just off of Dolchok. I just drove into town and...and got here a little late so I hope.., what I... I ah... was going to get up and and...and address the same things that I guess that um... that Jeff Kohler, Mr. Kohler did. Ah... I'm against the plant or any kind of industry coming in. I bought my...my property because it was a little neighborhood that, although it doesn't have covenants it was ah... it's ah... a very nice neighborhood and it's kind of ah... kind of has the best of both worlds, it's kind of rural but it's in between both and.., and.., and I think if you let one industry in the door it kinda does set a precedence and ah... and I think it would.., iCll just have ah... real detrimental value on the ah... on the land. Thank you. Glick: Thank you Sir. Anyone else in the audience wishing to speak? One more time, anyone else wishing to speak? Jack Foster, Mile 1-1/4 Forest Lane, Soldotna, AK--- Kinda opened a can of worms here it looks like and ah .... Glick: State your name also for the record. Foster: Okay, I'm Jack Foster with Foster Construction, and um... you know with that letter, my intentions with that letter was to try relax this whole thing a little bit and.., and because that's what it is... this plant is...on it...I'm putting it up fight now. In fact I...why...I'm...didn't make it home tonight first but putting the plant up in Ridgeway and that's where our big gravel pit is. That's where we have 60 acres worth of gravel and it's good crushable gravel, it's ah... actually better crushable than what we have here in Beaver Loop. Beaver Loop is small rocks so it takes more of it and.., and there's more sand reject ah... my intentions to put this in Beaver Loop have not changed from the very first meeting. I might not have made myself clear but it is more or less a job to job type situation. Ah... I did mention last meeting that it might be for ah... for Bridge Access Road, or it might be for...for...for ah... Forest Drive or something like that, bring it in for. That plant doesn't just chan...you don't just put it up in...in one day, I found that out. You know, it takes ah... it takes a week to put the thing up and it'takes three days to take in down so I'm not going to be moving it around a lot. It's going to stay fight where it sfic...where it's at, possibly even ff Bridge Access, ff I were...was to be the low bidder on that, so... urn.., just one of the things Planning & Zoning Commission June 24, 1998 Page 12 I wanted to menfion...did in the letter...that some of you might not have read, that urn.., that the majority of the traffic for pri...private use would be coming out of the other direction, out toward Bridge Access. That's a half a mile versus 2-1/2 miles in the other direction, so the people in Dolchok area and up and down that road, with their kids riding their bikes on the streets, which I wouldn't recommend. I wouldn't let my dog on that road let alone my kids, but at any rate, ah... point is, ah... very little traffic would be going that direction. Um...as far as Mr. Nash's comments about not wanting to have property next to a gravel pit or let alone an asphalt plant and a crusher. They should have considered that, in my opinion, they should have considered that when they sold that property to .... to ah... AA Dan, and allowed Dan, who sold it with the intention to have a gravel pit. So that makes my gravel pit bordered on two sides, one with Pat Doyle and the other AA Dan. They are both very good neighbors, I have no problems with either one of em...but...but ah...that's where the deposit of gravel happens to be in the City. There is no...there is no ah... there's no gravel north of Soldoma until you clear out there ah...close to Collier, it's all sand. Soldoma is the other direction. I have no problem in putting this thing up in Ridgeway. My permit was .... was ah... was ah... able to... I was able to transfer my permit, the existing one that Wilder had over to myself, no problems at all and the plant went up in Ridgeway. Urn... Soldoma is a little different than Kenai, it's not quite as spread out, you know, so there's really no place other...you tmow...in the city limits of Soldotna to put it. So, I'm trying to answer that question, but.., urn... I do think that a lot of people in this room haVe ah... a misconception of whats...I understand because if it was going up in my back yard, I'd probably would too and what I wanted to do is just try to explain that...that crusher is, like I said in my letter, that crusher is just a real low key operation. Ah... a local contractor that's been in town for years and years and years already owns this, he's going to be crushing for me and ah... he~l be set up in Ridgeway and wetl be crushing there in a week or so but ah... but there just...you know, just a primary crushing, not the secondary and the third ah...crusher, the jaw and all that stuff, so it's .... it's not the big, dusty, noisy thing that's gonna, you know, cause the houses to fall into the Kenai River. It will never happen. So, you know, if the...the asphalt plant, you know, I might gear up and that thing is a 300 ton per hour, 250 to 300 ton, you know so, most driveways take 3 or 4 dump truck loads so you get 4 or 5 jobs together, crank up, it's got an 80 ton silo, you make, in one hour, you make enough, you shut down the rest of the day you use that out of the 80 ton silo, so it's not like the thing smokes and urn.., as far as the particulates. Ah...you know, I work fight beside Alaska Road Builders crusher. I mean, I'm in the gravel pit right next to it and that's the Ridgeway gravel pit is ours and across the Ridgeway Road is...is their's and all I see is Planning & Zoning Commission June 24, 1998 Page 13 steam. I don't see any dust, I don't see any smoke, I don't see any particulates, you know, I don't see any of that stuff. I don't smell anything and ah... and.., and when this plant was set up in Wasilla, there was a house probably less than 500 feet away up on a hill overlooking this and I called Wilder after last meeting, I said, "Did you have any complaints from the City of Wasilla or with the .... with the... with the... Council or people or anything about this plant?' He said, No, that plant's been set up there for...for better than five years, we haven't had a single complaint. So obviously, it...you know, it doesn't smoke that much and .... and ah... like I say, I never notice ARB smoke at all, I... I watch that thing and just white smoke coming out, dissipates, you know and...and the last comment I want to make...this.., you know, this is not a Tesoro, this is not a refinery, it's not a Collier, it's.., it's an asphalt plant, it's going to be here for awhile and leave again, in... in Ridgeway and move around and, so, anyway, appreciate the chance to talk. Glick: Thank you Sir. Okay, is there anyone else in the audience wishing to speak? Yes? Bin Kluge, 1512 Barabara Drive, Kenai, Alaska-- I have to ah... agree with my neighbors that I'm not very ah... enthused about having a ah... asphalt plant going in down the road from my house. Ah... you know one of the...the benefits you get from living in the city limits is that we have zoning in the city and we don't have that out in Borough, so you take the risk when you live in the Borough of having whatever come in next door to you. So, when you purchase property in the city, you are protected by our zoning ordinance. The intent of rural residential is not for industrial use. Ah... I wish conditional uses had not been allowed in that area but they are there and I'd like to see it restricted to what has been allowed so it is not expanded. Um... you know, like I say, that's one of the benefits that we should have from living within the city limits is that we are zoned and we are protected from occupancies that aren't desirable coming into your neighborhood because you have that zoning in place. So, I ask that you ah... reject this ah... addition to the conditional use. Thank you. Glick: Thank you Sir. Anyone else in the audience wishing to speak? Seeing no one, at this time we~l close the hearing to the public, bring it back to the Commissioners. (Public hearing closed at 7:45 p.m.) Staff have anything additional to add to this before we discuss it. Kebschulh Nothing additional unless you have questions of us. Glick: Okay, discussion? Planning & Zoning Commission June 24, 1998 Page 14 Bryson: I would ah...like to AMEND THE AH...MOTION TO ATTACH THE AH... ADDITIONAL INFORMATION RECEIVED AH... FROM MR. FOSTER TO THE ORIGINAL APPLICATION. Glick: Okay. MOTION SF~ONDED BY NORD. Glick: Okay, let's vote on the amendment. That's to include the material received from Mr. Foster on' the permitting. Vote BRYSON Yes WERNER-QUADE Yes GO~~ Yes NORD Yes MAHURIN Yes GRAVELEY Yes GLICK Yes Motion passed unanimously. Glick: Okay, other discussion? Goecke: Mr. Chairman? Glick: Yes, Mr. Goecke? Goecke: Ah... we had ah...a reference to ah... conditional use permit ah... application here that ah... gentlemen said that we had ah... turned down. In fact, that's partially true ah... I think this body recognizes what that was and this body did in fact pass that ah... at a later date.., ah... was appealed to City Council and before Council had a chance to ah... arrive at a decision the ah... the application was pulled. I... I did live...within approximately a half a mile of ah... a big, a much bigger asphalt plant than what this one is ah... in reference to the big one of Quality Asphalt out on Ciechanski Road, urn.., and...I didn't have any problem ah...I didn't ever smell it and ah... I never did hear it. Ah... and it was a ah... one that I think was in ah... continuous use type plant. Urn... and I too live urn.., the people, ah...couple different people have ah... made the statement of the fact that ah... it is ah... is going to be coming over the top of the golf course, is going to be coming over top of the school, urn.., that being the case, that's where I live. Urn... I don't urn... I don't perceive this as a problem and so in that respect I will be voting for this tonight. Glick: Anymore discussion? Planning & Zoning Commission June 24, 1998 Page 15 Mahurin: Mr. Chair? Glick: Yes, Ms. Mahurin? Mahurin: Um... while I appreciate that it makes sound business sense to operate a gravel crusher where there's gravel. The gravel appears to be only on Beaver Loop. We Ye had overwhe!m~ng testimony for two weeks ah... from the neighbors in the area and I do agree with them that the intent of rural residential was not for heavy industrial and that a conditional use permit means that we approved something that does not fit within the zone and I really feel that the residents quality of life, at this point, has to carry our vote and I would, however, like to see Mr. Foster ah... have an area for his business and maybe that's something that the City can work with. I do think that ah...the comment of Marathon Road'was not a bad comment. Um... Mr. Foster is a good neighbor and a good business and contributor in our community and...and we certainly would want to try to help out, but my vote, unfortunately, will be No ah... because I... I don't feel, and I'm being ~rude, we aren't ah... definitely, more than obliged but ah... it's responsible of us to listen to the residences that have testified. Glick: Any other discussion? Graveley: I have a question, Mr. Chairmsn, ah... I have to ask it of Mr. Foster? Glick: Okay Graveley: Ah...Mr. Foster? The sh... permit, Exhibit "E", A record of transfer tracking ah... was last permitted to Wilder Construction. I think I under...or I think I heard you clesr tonight that ah... you have made the transfer. Foster: (spoke from the floor, somewhat illegible). The transfer is in the process with DEC right now. It's been.., it's been sent off to DEC and from my understanding of Wilder and DEC that there is no problem because it is the same plant as far as the asphalt plant. We had to send in an amendment to the crusher because we have a different crusher. So ah... we could (illegible) .... Graveley: Thank you. Glick: Any other discussion? Planning & Zoning Commission June 24, 1998 Page 16 Werner-quade: Question for staff? Ah...when this conditional use permit was originally granted, ah... it seems that there were s...some restrictions on the permit, are those restrictions still in place and if so, could you review them? Kebschull: The information is provided in your packet and a copy of the original permit granting the gravel extraction ah... extraction of natural resources, PZ95-30, the existing ah... additional requirements were hours after completion of Spur project from 7:00 a.m. to 7'00 p.m. and does control water ah... at the.., with DEC approved methods, were the two restrictions placed on the original extraction permit. Werner-(~uade: And those would still be in place then? Kebschulh Yes. Werner-(~uade: This wouldn't, change anything? Kebschull: Right, although the Spur project um...that they were referring to, I believe, was the project on this end, although they weren't clear about that. Werner-(~uade: Thank you. Glick: Mr. Bryson? Bryson: Yeah... question for staffP Ah... Mr. La .... Nash, in his testimony, alluded to the possibility that ah...ah.., this may not be an amendment to an existing ah... conditional use pe _r~_it ah... I wonder if staff might expand on that ah... if that is indeed the case, if so I would be comfortable with... Graves: I think the application that was turned in was actually for a Section 150 Conditional Use Pe ~rro_~it not to amend the old Section 151 Surface Extraction Permit. My interpretation of that is this is for a separate conditional use permit. Urn... the wording of the...the notice does reference an amendment, however, the note.., the public notice does clearly state what's going on in that area, there's going to be .... there is a proposed application which would allow a rock crasher and an asphalt plant. So, to that extent, I... I think the public was given core notice of...of what these public hearings involve and the...the public notice appears to have been successful in that there was ah... a significant turnout of the public, which it is designed to do. Um... they...while there are some concerns with the public notice I... I think the core information was provided and I... I think the Commission also has to weigh the fact that the public has turned out for two meetings, Planning & Zoning Commission June 24, 1998 Page 17 two weeks in a row and to try to reschedule now to provide essentially the same information might be hardship on the members of the public when all...all the same information would be provided at the next meeting. Did that answer your question? Bryson: Ah...yes. One more question. Glick: Go ahead Mr. Bryson. Bryson: Ah... are you comfortable with the wording of the Motion as it stands? C~mves: Ah... Mr. Bryson, I think I might...on the ah... first part of the resolution, ah... that...that first paragraph where it talks about amending PZ95-30. I...I would suggest re-wording that to...to reflect what the body of the resolution says and that's an application for a Section 150 permit has been submitted. So, the body of the resolution refers to Section 150 permit, it's just that the preamble talks about an amendment of the old permit. So, I would suggest amendin§...to clear up that...that potential confusion perhaps amending the preamble to reflect what the body says in that it is a Section 150 conditional use permit. Bryson: Thank you, ah... I would like to propose an AMENDMENT TO THE MOTION ADOPTING THE WORDING...WORDING MR. GRAVES MOTION. Graveley: I SECOND THAT. Gllck: Okay, could we have that read now? Graves: Mr. Bryson? Bryson: Yes? Graves: I think if you...if you look at that first paragraph in the preamble where it starts, 'a resolution".., ff you go down to line 4 and you delete 'Use Amend PZ95-30 To Include," that should cover it then it just refers to the granting of the conditional use permit for a crushing plant and an asphalt plant which is .... which would coincide with the body of the resolution. Bryson: Can I .... could you bring that... Graves: Can I approach please? Planning & Zoning Commission June 24, 1998 Page 18 Glick: Yes. Graves approached Commission Bryson to point out where the change should be made in the resolution. Gllck: We need to read it for the benefit of the rest of the Commissioner's here. Mr. Graves, could you read that for the benefit of the rest of the Commissioners. Graves: Um... what I suggested is that in that first paragraph, the preamble to the resolution, on line 4, delete the words, at the start of that sentence, "use amend PZ95-30 to include.~ So that the paragraph would now read, "A resolution of the Planning and Zoning Commission of the City of Kenai Granting a Request for Conditional Use Permit For: Foster Construction, P.O. Box 303, Soldotna, Alaska, Crushing Plant & Asphalt Plant located Tract 6, Horseshoe End at River Bend Subdivision.~ That way it would...it would more accurately reflect the body of the resolution. Gllck: Okay, Mr. Bryson, is that what your amendment will now say? Bryson: It is. Glick: Any discussion on this amendment? Okay, let's vote on this amendment. Vote WERNER-QUADE Yes GOECKE Yes NORD Yes MAHURIN Yes GRAVELEY Yes BRYSON Yes GLICK Yes Glick: Motion to amend passed. I'd like to ask staff for clarification for my own benefit, the orig/nal conditional use permit for gravel pits does have a buffer zone, is that correct? Kebschulh Are you stating, is it listed in the resolution? Glick: No, but, any of the gravel pits that have conditional use permits on Beaver Loop, ff I remember correctly, you have a buffer zone, and ff my memory serves me fight, what is the footage in the buffer zone. Kebschulh I did not bring the file with me so if you wanted to take a short break I will go up and get it. Planning & Zoning Commission June 24, 1998 Page 19 Glick: Anybody else in the Commission interested in this. Graveley: Yes, I am. Glick: Okay, we,ll take a five minute break. Break started at 8'00 p.m. Glick called the meeting back to order at 8:05 p.m. Glick: In answer to the question of natural screening, ah... staff has brought up the one for Foster's specific gravel pit. It asks for natural screening, trees and vegetation between the property lines and excavation, there's a 200 foot buffer along Beaver Loop Road, none on the north, ah... 93 feet, supposed to be, on the east, and 150 feet on the west side ah... is also site clear of the ah... the pit. Now, I don't know if all this has been developed but that's the sCreening that is required on this particular gravel pit. Ah...I just wanted everyone to know that for information now that I know it too. Mr. Bryson? Bryson: Yes, I ah... I wonder if Mr. Foster might indicate the area on there that has been cleared and also the area they are proposing to set up the plant. Glick: Of the sites of your gravel...present gravel pit? Foster: Um... the buffers we have fight now on this particular piece of property remain the exactly the same as what they were on the front, along the highway, and we have not taken any trees out along the highway so whatever Chester Cone had cleared along the highway, that has not changed. Urn... in an agreement with ah... with Mr. Doyle and you know...we...we...we're all up against the edge up there on his side, as he is against the edge, and on the other side, we are up...up against the edge too...we have no buffer on the other side. Ah... AA Dan ah... fight now is tatdng up .... he's going in our gravel pit and he's working fight off that line with his gravel pit. So, the two...all three pits are basically side by side, ah... the...the east end or what the backside ah... you know.., didn't require a buffer and the front has a 200 foot buffer. Ah... as far as the place where the crusher will be set up, it...we...weYe split the pit and ah...we split the pit and this {pointed out area on the sketch provided) side over here by Pat Doyle has already been excavated out from the Spur Highway and the other 20 acres ah... primarily has been untouched ah... and the plant will approximately go in the middle of that property. Itel be oh what...approximately 600 feet off the highway, 600 feet back in there, in the middle of that and .... and the Planning & Zoning Commission June 24, 1998 Page 20 stock piles would be off the backside there, so, this is the side here, this is Pat Doyle's side, this is AA Dan's side, and ah... that answers your question. Glick: Does that answer your question? Bryson: Yes, it does. Gllck: Thank you. vote. Okay, any more discussion? I guess we're ready to Vote, GOECKE Yes NORD No MAHURIN No GRAVELEY Yes BRYSON Yes WERNER-(~UADE Yes GLICK Yes Roper: Two No, Five Yes. Glick: The motion passed unanirnous...or not unanimous, 4 to 2, I'm sorry. Roper tk Goecke: 5 to 2 Gllck: 5 to 2. It can be appealed to the Council for public's information, you can appeal it to City Council, our decision. Smalley: Mr. Glick, could you explain the process like they would have to go up to... Gllck: Yes, you would have to go... Kebschull: Iff.. any appeals need to be submitted in writing within 30 of this decision to the City Clerk. Member of Audience: To who? City Clerk? Kebschull: Yes. Member of Audience: What...what happened to government of the people, by the people, for the people? Gllck: Sir, public hearing is over, I'm sorry, but... Member of Audience: Yeah, I hear you. Planning & Zoning Commission June 24, 1998 Page 21 Verbatim Ends Smalley left at 8' 10 p.m. 7. NEW BUSINESS: ae PZ98-30 -- An resolution of the Kenai Planning and Zoning Commission recommending that the Kenat City Council approve the Historic Preservation Plan for the City of Kenai. MAHURIN MOVED TO APPROVE PZ98-30. MOTION SECONDED BY W~RNER-~UADE. Kebschull noted that members of the Historic District Board were present to provide information on how the Preservation Plan was developed and to answer any questions the Commission may have. Historic Board members present were Ethel Clausen, Cecelia Richard, and Bill Kluge. Kluge reported the Preservation Plan was being worked on before he was appointed to the Board and it includes a culmination of a lot of work. Kluge began with the Table of Contents and pointed out there were 13 items within the plan and it starts with the Mission Statement which is probably the most important part of the Preservation Plan is the Mission Statement as it states what the purpose of the Board is and the goals and objectives. Another important item is the development plan. Kluge went down the list on page 7 of 9 under Item 10 in the plan and pointed out the Board would like to see development in Old Town as it would bring that area of town to life. The Board would like to see the City take and active role in promoting the development. Kluge stated the Board would like to see an effort made to implement a master plan that has a list of objectives such as historic exhibits. The Board is limited to parcels of City property in the area for exhibits and it might require that the City consider land swaps to consolidate some areas in Old Town. Kluge used the old equipment Mayor Williams got out of the cannery as an example, the only reason it is not on display is there is no room in Old Town for it. Kluge discussed the walking tour brochure which was developed by the Board with the assistance of the Visitor's Center. This brochure has provided an incentive for visitors to walk through Old Town. The area also has signs placed in front of several of the historic buildings. Kluge continued, the Board encourages the City to do more in the way of landscaping and green belts in the area. The overview park that is being worked on at this time is a step in the right direction. Kluge thought Planning & Zoning Commission June 24, 1998 Page 22 that tax incentives from the City could possibly be provided to encourage development in Old Town. The Mission Street and the road upgrades certainly help the area including the historic style lighting. The Board would like to continue participation with the Visitor's Center to publicizing the walking tour and various exhibits at the Center. Kluge stated that enforcing the Townsite Historic District zoning ordinance is important. This has been a touchy subject in the past, the Board does not want to stop development but wants to assure it is done in manner with historic character. Mahurin stated the plan was very interesting as this is an area close to her heart. Mahum commented on the problem the Board has had with meetings, etc., and asked if the group was comfortable with the.plan for the Historic Board to meet twice annually and with special meetings as required. Kluge replied, Yes and thought the business could be handled with less meetings which would cut down on City expense. Kluge continued, he thought it wise to have participation from the Historic Board on the development in Old Town and perhaps a committee from the Historic Board could be developed for review purposes. Goecke thought that decreasing the number of meetings would not help the situation. Goecke continued, he felt if one meeting was missed then it would be easier to miss all others. Kluge stated the Board has had problems with quorums but once the number of members was reduced it helped the situation. Mahurin pointed out the Historic District Board can't just be anyone that is interested in serving, certain requirements are set out by the National Park Service and three of the seven members have to be from the disciplines of history, architecture, architectural history and archeology. Mahurin continued, there is a limited number of individuals in the area in those categories. Graveley commended the Historic Board on their efforts on the Preservation Plan, it is very well done. Vote NORD Yes MAHURIN Yes GRAVELEY Yes BRYSON Yes WERNER-~UADE Yes GO~~ Yes GLICK Yes Motion passed unan~_mously. Planning & Zoning Commission June 24, 1998 Page 23 8. OlD BUSINESS: - None o 10. CODE ENFORCEMENT ITEMS: PZ98-08--Variance Permit (Oversize Sign)---One Stop Grocery Kebschull reported thc owners had removed the banner. Kcbschull also reported that Mr. Springer wanted her to pass on that MAPCO had moved their sign to an island which consequently becomes a part of the building and is not considered a sign. REPORTS City Council Bannock represented City Council and provided the following report: Item C-1, Ordinance 1785-98 has to do with property adjacent to the golf course at the end of Lawton Drive. This is the part of a large land swap which affects the Public Health Nurse and ultimately is the funding mechanism for the multi-use covered ice facility. The ordinance allows the land to be sold as residential lots. Item H-8, the Public Health Center - there has been 1.7 million dollars from the Legislature for the Public Health Center in Kenai. This is great news for the City of Kenai because it does two different things, it gets the Public Health Nurse out of the overcrowded office in City Hall and also assure the Center will stay in Kenai. Council chose a piece of ground called the Etolin Subdivision which is between Country Foods and the Dentist office for the proposed site. Item H-9 - The Kenai River Classic has an event every year which raises funds for habitat improvements on the Kenai River. The group selected the area in or around Cunningham Park and plans to spend up to $250,000 for improvements. Mahurin asked about Item H-10, is it up for sale or was it purchased. Bannock replied, the Dairy Queen is for sale but the issue of selling was not discussed. Mayor Williams presented an idea that perhaps, and because of the lack of interest, that consideration be given to demolishing the building or removing it, and just se!l~_ng the property. Administration didn't think that was a good idea because the deal with the FAA and the appraisal is that the property will probably take 6 to 9 months to sell. The City is 3 months into it at this time and if it is sold for substantially less than the appraised value, the General Fund must make up the difference back to the Airport Fund. Planning & Zoning Commission June 24, 1998 Page 24 be c~ Borough Plannin~ Bryson reported a meeting was held June 22, 1998. The consent agenda was approved as written. Item F-2, a hearing to vacate a fight of way outside the City of Kenai on Old Cannery Road. The Salamantof Native Association and the Fish and Game came to an agreement as to the type of facility that Fish and Game would not object to. Bryson noted that Fish and Game has no power to deny a vacation but they do have input. Fish and Game came up with some development standards which include providing parking to the public, etc. Bryson thought it will be interesting to see if they would keep the same concern for parking when the City goes forth with their application to provide beach access on the south side of the river. The City is also attempting to address the issue of parking and other amenities. If Fish and Game kept the same position they should not be opposed to what the City is proposing. The item was approved. Item F 4, petition to classify 15 acres of Borough land as recreational. George Spracher has occupied a portion of the land his wife got as a part of a native allotment. This was denied through the appropriate channels so he was petitioning for a preferential right to purchase if it became classified as recreational. The Planning Commission recommended denial of the reclassification. Item F-5, request for Land Use Permit for gravel site in the Homer area. The petitioner requested development of a material site in the area and is planning to U~e 800 yards for a road he constructed down there. There was a tremendous amount of opposition from the public. Bryson noted his position on that was unless there is some market in the Homer area for silt and sand, it isn't going to have a very long life as a commercial facility. The item was recommended for approval. Item 6 through 10 were postponed until the next meeting due to the late hour. Item H-1, was rescheduled to the next regular meeting. Item J-1, was approved to build within the 50 foot buffer along the fiver. Administration: Kebschull apologized for the mix up in the packet and asked that Commissioner's review the Kenai Peninsula Borough Trail Plan as it will be on the agenda for P&Z review at the second meeting in July. Planning & Zoning Commission June 24, 1998 Page 25 11. 12. 13. 14. Kebschull responded to Mahurin's comment regarding the Historic District Board by stating that no decision has been made with regard to their meetings. As provided as information in the packet at the last meeting, City Council will schedule a work session at their August 19 meeting which will involve the Planning and Zoning Commission, the Historic District Board and Council to discuss possible options. PERSONS PRESENT NOT SCHEDULED: - None INFORMATION ITEMS: be State of Alaska 2000-2002 Statewide Transportation Improvement Plan (STIP) Evaluation Criteria Kenai Peninsula Borough Trail Plan/k Preliminary Needs List COMMISSION COMMENTS AND ~UESTIONS: Commissioner Mahurin reported that she will not be at the next meeting. Commissioner Bryson reported that he too will not be at the next meeting as he will be out of town. Commissioner Nord wanted to inform staff that the vehicle on Sycamore Street is still there, they made an attempt to hide it by putting a blue tarp over the top of it. ADJOURNMENT: MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 8:40 P.M. Respect~lly submitted, Barbara Roper, Contract Secretary Planning & Zoning Commission June 24, 1998 Page 26 1. ROLL CALL: CITY OF KENAI PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS July 8, 1998 - 7:00 p.m. http://www. Kenai.net/city 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: June 24, 1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: e NEW BUSINESS: PZ98-32--Landscape/Site Plan Review (Lot 4, Shaginoff Subdivision, 5616 Kenai Spur Highway) 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION July 8, 1998 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** 1. CALL TO ORDER/h ROLL CALL: Chairman Glick called the meeting to order at 7'00 p.m. Members Present: Carl Glick, Teresa Wemer-Quade, Ron Goecke, Barb Nord, Art Graveley Members Absent: Phil Bryson, Karen Mahurin Others Present: Councilman Hal Smalley, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA INCLUDING THE ADDITIONAL ITEMS HANDED OUT PRIOR TO THE MEETING AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY GRA~LEY. AGENDA WAS APPROVED AS PRESENTED. ® APPROVAL OF MINUTES: - June 24, 1998 WERNER-QUADE MOVED TO APPROVE THE MINUTES OF JUNE 24, 1998 AND ASKED FOR UNANIMOUS CONSENT. SECONDED BY GOECKE. THE MINUTES OF JUNE 24, 1998 WERE APPROVED AS WRITTEN. 4. PERSONS SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: - None 6. PUBLIC HEARINGS: - None 7. NEW BUSINESS: PZ98-32 -- Landscape/Site Plan Review {Lot 4, Shaginoff Subdivision, 5616 Kenai Spur HiEhway. GOECKE MOVED TO APPROVE PZ98-32. WERNER-qUADE. MOTION SECONDED BY Planning & Zoning Commission July 8, 1998 Page 1 am 0 10. Kebschull reported that the City Engineer reviewed the plat in the subdivision and there is a 40' right-of-way in the front of the lots in addition to a 200' right-of-way next to the Seward Highway so that actually takes back from the plat that was submitted. Kebschull continued, the City Engineer believes the 75' of trees is located in the right-of-way. It was also noted that the owner was present in the audience. No further discussion. Vote WERNER-(~UADE YE~ NORD YE~ GLICK YE~ GOECKE YE~ GRAVELEY YES Motion passed unanimously. OLD BUSINESS: - None CODE ENFORCEMENT ITEMS: - None REPORTS am City Council Councilman Smalley pointed out that a copy of the Council agenda from the July 1 meeting was included in the packet. The following report was made: Item C-1 failed as the Challenger Learning Center had the funds available for the design and did not need assistance from the City. Smalley reported that the Challenger Learning Center no longer has a relationship with the City of Kenai and will move forward independently, however, the City will own the land the center is built on. Item C-2, Ordinance No. 1787-98, Development Requirements Table, was passed, however it was amended to remove the administrative exemptions of 10%. Council felt that if there was going to be an adjustment on the property line the adjacent owners need to be notified. Additionally, Council looked at the time reference and if in fact the item was put on a consent agenda and a Commissioner decided to have it pulled then that would reschedule it for another hearing, ultimately delaying construction for up to a month. Items C-4, 5 and 6 were passed unanimously. Planning & Zoning Commission July 8, 1998 Page 2 11. 12. Item H-6, the Board of Adjustment Hearing is scheduled for Tuesday, July 21. The reason it is scheduled on a Tuesday is due to the amount of testimony to be given. Item H-7 was put on hold pending notification from FAA regarding whether or not FAA funds qualify for development contracts. Item H-8, discussion of the Airport terminal smoking policy. Two resolutions will be brought before Council on duly 15. One will completely eliminate smoking in the terminal and the other will be to provide a designated smoking area, either in a glassed-in area or outside the terminal. Smalley noted that one of the two resolutions will pass. Wemer-Quade commented on the smoking policy in the airport terminal and pointed out the issue was discussed previously when she was on the Airport Commission because of State laws that go along with smoking. Wemer-Quade reported that whenever she goes into the terminal she just about dies because of the smoke. Werner-Quade continued, she delivers mail to the terminal and cannot wait to get back outside because the smoke is quite bad for a public area. Smalley encouraged Wemer-Quade to come to the Council meeting to sign up to testify but pointed out that at this point in time the Airport is not in violation of the law. be Borough Planning- No report c. Administration' Kebschull bought attention to the information handed out prior to the meeting regarding Conditional Use Permits and noted it was provided so that the Commission could review it. Kebschull continued, in the past several months it was noted there was some problems in the way the current code was written. As a result, the City Attorney and Kebschull reviewed other City codes and came up with what they felt would be best for the City of Kenai. After a brief discussion it was decided that the item would be put on the next agenda as a discussion item. Kebschull will provide a memo explaining the changes and it will be forwarded to the Commissioners. PERSONS PRESENT NOT SCHEDULED: - None INFORMATION ITEMS: Kenai Municipal Airport Master Plan Executive Summary 13. COMMISSION COMMENTS AND QUESTIONS: Planning & Zoning Commission July 8, 1998 Page 3 Commissioner Nord expressed concern with the junked vehicles within the City, most specifically those located on Sycamore and First Avenue. Commissioner Graveley commented on the Airport Master Plan Executive Summary and stated it was an excellent looking plan but it is aggressive. Graveley felt it was something that needs to probably be approved for the overall future of the community and the City. Graveley expressed concern with the approach pattern at the south end of the runway and thought perhaps problems may be created down the road with larger aircraft and the noise associated with them. Graveley noted that this has probably been studied and it is possible there isn't too much that can be done about it unless the airport is moved. Commissioner Werner-~uade stated that the Moose Camper Park is in full swin§ again this year and having just gotten back from camping in Seward and paying $8.00 per night, she noted the campers don't pay anything at the Moose Camper Park. 14. ADJOURNMENT: GRAVELEY MOVED TO ADJOURN. MEETING ADJOURNED AT 7:16 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning & Zoning Commission July 8, 1998 Page 4 Kenai Visitors & Convention Bureau, Inc. May 6, 1998" Regular Board Meeting,5:30 p.m. President Will Jahrig Presiding A. B. C. D. Eo F. G. CALL TO ORDER The meeting was called to order at 5:45 p.m. ROLL CALL Directors present: Will Jahrig; Ron Malston; Diane Lofstedt; Robert Fulton; Rebecca Godek; Shirley Roberts; Marion Nelson; Jim Bookey; Ron Malston Staft present: Kathy Tart APPROVAL OF AGENDA "Correspondence" was added to the agenda. The agenda was approved by unanimous consem. APPROVAL OF MINUTES MIS (Fulton, Nelson) to approve the minutes of March 18, 1998 and April 20, 1998 with one change. (Director Roberts was added to the March 18 Minutes as having been present.) PERSONS SCHEDULED TO BE HEARD None. UNSCHEDULED PERSONS TO BE HEARD None. EXECUTIVE DIRECTOR'S REPORT Kathy Tarr gave her Executive Director's Report. She reported on the following items: *National Tourism Week, May 5-9. Tom Garrett, Director, State of Alaska, Division of Tourism, visited Kenai at KVCB's invitation on April 29. Mr. Garrett' gave a presemation to the Kenai Chamber of Commerce and toured Kenai. A reception was hosted for Mr. Garre~ and KVCB's Board of Directors at Ron's Alaska Lodge. Tarr said his visit was very beneficial as it helped a great deal in putting the city of Kenai on the state's "tourism map." *Cooperative Marketing on the Kenai Peninsula. A meeting was held on April 28th with Kenai Peninsula communities to discuss the furore of cooperative marketing and the role and direction of KPTMC. The meeting was facilitated by Rebecca Godek. Directors Nelson and Seekins-Hopley also attended. Each community -- Soldotna, Seward, Homer, Anchor Point, Kenai - was given an opportunity to discuss their own tourism marketing plans and to also discuss what form of cooperative marketing they feel is most effective. This kind of positive dialogue between the communities is expected to continue in the future, particularly since the restructuring of the State of Alaska's tourism marketing program was so intensely discussed and debated the past year as the Millennium Plan was being developed. *Emerging Sites Workshop for Challenger Learning Centers, Washington, D.C., May 14- 16, 1998. Tarr reported that she would be attending this workshop on behalf of the Challenger Learning Cemer of Alaska. The meeting's itinerary will include a visit to the Greater Washington D.C. Challenger Learning Center and an opportunity to fly a simulated space mission. *Coffee Boat. It was announced that Mr. Tomrdle sold his boat to Mr. Jim Bookey and it was moved off the KVCB property. There was one year lef~ on the comract between KVCB and Mr. KVCB Board of Directors Regular Board Meeting May 6, 1998 Page 2 Tomrdle. Tarr was instructed to write a letter to Mr. Tomrdle to relieve him of having to pay the utilities in 1998 ($200 estimated). *City of Kenai FY99 Budget. A budget work session was held with the Kenai City Council and administration. President Jahrig, Directors Malston, Nelson, and Godek also attended. Several council members complimemed KVCB on the "Report to the Community." The budget work session was described as being "positive." Tan' then reviewed the proposed changes to the Maintenance & Operation Agreement with the KVCB Board. The contract would not be signed umil the KVCB Board has had a chance to review the final draft. *EDD's "Economic Outlook Forum, May 14." President Will Jahrig will represem KVCB on EDD's panel & program to talk about the state of the tourism industry locally, and throughout the emire peninsula. OTHER REPORTS The following reports were distributed. 1. April 1998, Visitor Statistics & KVCB Membership (KVCB's membership was reported at 209. Momhly visitations for April were 1,779. There were 366 visitor packets mailed, with a total of 1,911 leads responded to by mail for 1998 to-date.) 2. Meetings & Conferences. (Meeting remals to-date totaled, $1,958.) 3. Cultural Center Activities. (The next exhibit scheduled at KVCC is the "Reaching Home: Pacific Salmon, Pacific People." The Kenai Peninsula Photographer's Guild show will run July & August.) Director Malston inquired about the Old Town walking tour brochure & map. Tart gave a status report on KVCB's design work and the expected date of completion. I. FINANCES The following reports were reviewed: *Budget Report through April 30, 1998 *Gaming Report *Retail Report *Financial Review FY97 There was discussion about KVCB's equipment needs such as a new tape recorder and a multi-media slide projector. Neither the City of Kenai, KVCB nor the Kenai Chamber of Commerce, has a multi-media slide projector which can be used in conjunction with laptop computers. Comments were made about the usefulness of this type of equipment for various promotional presentations and also for meeting groups who rent the facility. It was agreed that KVCB should purchase a new tape recorder immediately and that a multi-media slide projector may be considered in the furore. Tart reported on the current vacation policy concerning Bicentennial Bingo's Gaming Manager, Ms. Peggy Baxter. Tarr explained that Ms. Baxter had been serving as the pan-time Gaming Manager for over 7 years but that no formal vacation time had ever been given to her. Because of her longevity and good work, Tarr recommended that Ms. Baxter be given four paid vacation days off per year. (Ms. Baxter works for KVCB KVCB Board of Directors Regular Board Meeting May 6, 1998 Page 3 two days per week. Under her employment with KVCB, four days paid vacation time technically covers "two weeks" per year.) M/S (Malston, Godek) to give Ms. Baxter four days paid vacation during calendar year 1998 to be used at her discretion. All financial reports were reviewed. The FY97 (July 1, 1996 to June 30, 1997) Financial Review prepared by Mikunda Cottrell, CPAs was distributed. The six-month financial review (July l, 1997 through December 1997) was not yet prepared. Tarr notified the board that Linda Dunn, KVCB's part-time bookkeeper for the past 14 months was resigning to concentrate on her permanent position as administrative assistant for the Peninsula Oilers. Karin Olson was hired as the new part-time bookkeeper and is currently in training with Linda Dunn. J. UNFINISHED BUSINESS None. K. NEW BUSINESS Lo Tarr reported on the National Transportation Heritage Corridor project being proposed for a portion of the Kenai Peninsula. This proposed special designation was being led by the National Park Service and the Kenai Peninsula Historical Assn. At AVA's August meeting in Seward, they will be asked to endorse the special designation. There was discussion about the classification of land as a "heritage" corridor and how this would impact economic development and access. BOARD COMMENTS Director Godek said she was impressed with KVCB's new Manager of Exhibits & Education, Ricky Gease. Director Malston commented that KVCB's minutes could possibly be more condensed. Director Godek said today was Ms. Tarr's 20th anniversary of her arrival in Alaska. Me SCHEDULE OF NEXT BOARD MEETING The next meeting was set for Tuesday, June 30 at 5:30 p.m. K. ADJOURNMENT The meeting was adjourned at 7:45 p.m. Respec, tfulJy submitted by, Executive Director A® Be , 2. 3. 4. AGENDA KENAI CITY COUNCIL- REGULAR MEET~G JULY 1, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBE~ http' //www. Kenai.net/ci_ty CALL TO ORDER Pledge of Allegiance Roll Call Agenda Approval Consent Agenda All items listed with an asterisk (*) are considered to be routine and non- controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. SCHEDULED PUBLIC COMMENTS (10 Minutes) Ce , ¸2. , , , , PUBLIC HEARINGS Ordinance No. 1786-98 - Appropriating $60,000 for Design Services for the Challenger Learning Center of Alaska in the Challenger Capital Project Fund. 1. Remove from table. 2. Consideration of the ordinance. Ordinance No. 1787-98 -- Replacing the Current Kenai Municipal Code Development Requirements Table, Its Footnotes and Addendum. Ordinance No. 1788-98 -- Amending Kenai Municipal Code, Chapter 6.04, Entitled "Voting Qualifications and Procedures." Resolution No. 98-44 -- Awarding the Bid to Stephans Tool Rental and Sales for a Four-Wheel Drive Utility Tractor for the Parks Department for the Total Amount of $19,995. Resolution No. 98-45 - Supporting Areawide Leasing Cook Inlet. '1998/99 Liquor License Renewal B Kenai Country Liquor. -1- De E® F® He COMMISSION/COMMITTEE REPORTS , 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees Beautification Committee Historic District Board Challenger Board Kenai Visitors & Convention Bureau Board Alaska Municipal League Report MINUT~ . *Regular Meeting of June 17, 1998. CORRESPONDENCE OLD BUSINESS NEW BUSINESS . Bills to be Paid, Bills to be Ratified e Purchase Orders Exceeding $2,500 , *Ordinance No. 1789-98 -- Amending KMC 13.05.010 to Authorize Collection of a Surcharge for Violation of a Municipal Ordinance. , Approval -- Assignment of Lease/Lot 6A, Block 1, Gusty Subdivision No. 4 from Black Ice, Inc. and Danielle Gabriel to D. Roberts Enterprise Limited Parmership and Dan Roberts. . Approval -- Consent to Security Assignment of Lease -- Lots 1 and l-A, Aleyeska Subdivision Part 3/Jim C. & Erika E. Singree. . Discussion -- Scheduling Board of Adjustment Hearing -- Appeal of Planning & Zoning Commission Approval of Amending the Conditional Use Permit PZ95-30 to Include a Crushing Plant and an Asphalt Plant for the Property Described as Tract 6, Horseshoe End at River Bend Subdivision -- Appeals filed by John Coston, Dee Anna & Nolan T. Compton, C.H. & Donna Tom!inson, Victor & Joan Hett, Gordon & Patsy Gifford, James A. Krein and Lloyd & Jennifer Richardson. e Discussion-- Professional Services Contract--James E. Carter. -2- ® Discussion -- Kenai Municipal Airport/Airport Terminal Smoking Policy. I® ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council ~UTIVE SESSION - Evaluation of City Manager. K. ADJOURNMENT -3- KENAI CITY COUNCIL - REGULAR MEETING JULY 1, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www. Kenai.net/city Mayor John J. Williams, Presiding ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:01 p.m. in the Council Chambers in the Kenai City Hall Building. A-lo PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Williams, and Bookey. Present were: Swamer, Moore, Measles, Smalley, Absent was: Bannock (arrived at approximately 9:00 p.m.) AGENDA APPROVAL Mayor Williams reported he had no changes to the agenda. MOTION: Councilman Smalley MOVED for approval of the agenda as presented and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. A-6. CONSENT AGENDA Mayor Williams reported he had no changes to the consent agenda. MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented. Councilman Moore SECONDED the motion. There were no objections. 80 ORDERlgD. ITEM B- SCHEDULED PUBLIC COMMENTS -- None. ITEM C: PUBLIC HEARINGS KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 2 C-1o Ordinance No. 1786-98 - Appropriating $60,000 for Design Services for the Challenger Learning Center of Alaska in the Challenger Capital Project Fund. C-la. Remove from table. MOTION: Councilman Moore MOVED to remove Ordinance No. 1786-98 from the table. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. There were no further comments from the public. Councilwoman Swarner asked ff there was any new information other than what was included in the memorandum attached to the ordinance. City Manager Ross answered no. He explained, the ordinance is not needed because money won't be appropriated. Swarner asked what would happen to the building and property if the Challenger Center left the city. Ross explained, he was not aware of Challenger National's choice of a site, as it had not been discussed during their teleconference call. He added, the only item addressed was the city's being intentionally left out of the special conditions. He noted, NASA would do its own grant administration. Williams noted the wording in the bill specified the funding to be used for a science center in Kenai. Moore stated, he enjoys the city not "being in the loop" and wanted to be sure it stays that way. Ross stated, as to the grant, the city is not in the loop. However, the city is involved with-the lease of the land. C-2b. Consideration of the ordinance. Smalley called for the question, based on the first statement in the memorandum included in the packet, stating administration recommended the council not enact the ordinance. VOTE: Swamer: No Bannock: Absent Bookey: No Moore- No Measles' No Smalley: No Williams: No MOTION FAILED. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 3 Williams explained, the no vote taken by council was not an indication of a lack of support for the facility. However, it is more the city's lack of need to be involved in the development of the faciliW. Williams noted there were some of those in the audience may have thought the appeal on the asphalt plant was to be held during the meeting. He informed those present, the council would only schedule the hearing during the meeting. Notice would be forwarded as to the hearing date. Clerk Freas explained those people owning property within 300 feet of the affected property would receive notice by certified mail, as well as those persons filing letters of appeal. Others who spoke at Planning & Zoning Commission meetings would also be sent a notice by regular mail. Freas added, the hearing would also be advertised in the newspaper and on the city website. Ordinance No. 1787-98 -- Replacing the Current Kenai Municipal Code Development Requirements Table, Its Footnotes and Addendum. MOTION: Councilman Smalley MOVED for the adoption of Ordinance No. 1787-98 and Councilman Measles SECONDED the motion. There were no public comments. Swarner questioned the "Administrative Exceptions" where it states, "The administrative official may reduce setback requirements up to ten (10) percent based on submittal of a plot plan or an as-built survey." Councilman Smalley explained it was included as an addition to the ordinance because there are some setbacks that are very small which could be dealt with in house. This could speed up the process and could be a cost-saver to the city. The request for this type of setback would still be brought to the Commission for their information and if they objected to it, the Commission could then consider it. Swarner stated she understood the suggested inclusion of the exemption, however asked why have the rules if the request can be placed on the Commission's consent agenda. Smalley explained the Commission discussed the same question. Swarner asked how many times a year this happens. City Engineer La Shot answered probably five to six times. The greatest variance seen is a 15 ft. setback at 10% would be 1 ¥~ feet. Smalley added, if P&Z objected to the variance, it could be brought forward to them for discussion. Smalley noted, the remaining portion of the ordinance document is to clarify issues that had been confusing, i.e. footnotes, etc. Smalley continued, the only objection stated to the Commission from the public was for the allowance of tri-plexes in RR- 1 zones. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 4 MOTION: Councilwoman Swarner MOVED to delete the section, "Administrative Exemptions." Councilman Moore ~Ig(~ONDED the motion. Williams explained the deletion would remove the discussion of the administrative exemptions from the third whereas in the body of the ordinance, as well as the "Administrative Exemptions" paragraph on the Addendum. Moore noted, a person could still request a setback variance and as long as it was ten percent or less, administration could approve it and it would be placed on the Commission's consent agenda. Moore asked if then the maximum setback variance in the City of Kenai would be 1 ¥~ feet. La Shot answered yes. Smalley added, that could be done administratively. Councilman Measles asked Attorney Graves if a change in a setback requirement must be done in a public hearing format, wouldn't this take the consideration out of the public hearing realm. Graves answered the limited ten percent administrative variance would not be ordinarily done by public hearing unless it was removed from the consent agenda and then re-noticed as a public hearing. Measles stated, it would have to be removed from the consent agenda and then taken up at another meeting because as a consent agenda item it would not be in the public hearing section of the agenda. Smalley noted that was correct and the Commission would then have to set the item for a public hearing. Graves agreed and stated, if there were public concerns, the item would need to be removed from the consent agenda and set for the next meeting after giving notice. Measles stated, in the current system, even if the request is for a six-inch variance, the matter is set for public hearing and notices are given to adjacent property owners. The exemption would bypass that notice to property owners, even though it is a small change. Graves agreed. Williams stated, his only problem in placing this responsibility to administration is that it would take away the responsibility from the elected and appointed officials. Measles asked if the Commission requested the change. La Shot explained the Building Official brought it from another code. He added, the intent was to take care of minor setback problems and save time. However, during the process, the portion refemng to adding the matter on to the consent agenda was put in place. La Shot added, there is still the potential of a two to three-week delay in issuing a building permit or certificate of occupancy. Moore noted, the delay would only come about if the property owner were not in compliance with the existing setback conformance. Williams added, if they are not in compliance, it would require other people affected by the noncompliance be notified. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 5 La Shot added, the intent of the addition was to speed up the minor infraction, i.e. if someone poured footings and the as-built didn't consider the addition of siding, it sometimes pushes the setback out in a very minor way. La Shot suggested council delete the entire "Administrative Exemptions" if they had problems with that portion of the change. Measles asked, what would be the longest delay, in occupancy caused by the ordinance as it is presently? La Shot answered, a public heating is required and depending on the meeting schedule, it could be two to three weeks. Smalley noted, the Commission had long discussions about the notification issue and felt they wanted to make sure neighbors on either side of a variance request be notified. The Building Official spoke to it and noted it was doubtful there have been any objections voiced, if the change was in place, to minor variances which had been approved in the past. Swarner stated she was concerned about a person building knowing they could get an automatic ten percent exemption. It would be automatic if it was put on a consent agenda and not removed by the Commission. If that would be done, the same amount of time would be involved or longer. Measles stated his concern was not the accidental three-inch variance. It is when a 15' setback is required and with this automatic exemption, a person could intentionally build a house three feet wider than allowed. Ross noted, in that case the building plans and plot plans would not have been fried accurately. The only way one could do that would be with a plot plan they didn't follow and a set of building plans they didn't follow. At that point, administration would not put it through on a consent agenda. Smalley referred to the Commission minutes and noted their discussion was about 50/50 for the addition. He suggested council could remove that portion of the ordinance by passing Swamer's amendment or table the ordinance and request the Building Official to come before council and discuss the matter. VOTE ON AMENDMENT: Swarner: Yes Bannock: Absent Bookey: Yes Moore: Yes Measles: Yes Smalley: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 6 VOTE ON MAIN MOTION AS AMENDED: Swarner: Yes Bannock: Absent Booke¥: Yes Moore: Smalley: Yes Measles: Yes Yes Williams: Yes MOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1788-98 -- Amending Kenai Municipal Code, Chapter 6.04, Entitled "Voting Qualifications and Procedures." MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1788-98 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: Swarner: Yes Bannock: Absent Bookey: Yes Moore: Yes Measles' Yes Smalley: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. C-4, Resolution No. 98-44 -- Awarding the Bid to Stephans Tool Rental and Sales for a Four-Wheel Drive Utility Tractor for the Parks Department for the Total Amount of $19,995. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 98-44 and requested UNANIMOUS CONSENT. Councilman Moore S~OI~ED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 7 C-5o Resolution No. 98-45 - Supporting Areawide Leasing Cook Inlet. MOTION: Councilman Measles MOVED for adoption of Resolution No. 98-45 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Clerk Freas was requested to forward the resolution on to the interested parties. C-6o 1998/99 Liquor License Renewal-- Kenai Country Liquor. Approved by consent agenda. ITEM D: COMMISSION/COMMITTEE RRPORTR D-Xo Council on Aging Swamer noted the July newsletter was before council for their information and urged all to visit the Senior Center's pie and cinnamon roll sale booth at the Fourth of July celebration. Airport Commission Measles reported the next meeting would be held on July 9, 1998. Williams referred to a letter of resignation from CommisSioner Bonnie K°erber and an application for Dan Van Zee for placement on the Commission. Swarner referred to Van Zee's application and asked what the residency requirements are for the Airport Commission. Clerk Freas noted, there are none and also stated there were no other applications on file. It was also noted by Councilman Moore Van Zee's rental agency business has complimented the airport. Koerber's resignation was accepted and there were no objections to the appointment of Van Zee to the Airport Commission. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 8 D-a, Harbor Commission Councilman Bookey noted the next meeting was scheduled for July 6. Library Commission Councilman Moore reported the next meeting would be held on July 7. Parks & Recreation Commission Councilman Bannock reported the next meeting was scheduled for July 2. Williams asked Attorney Graves and Administration if the city required organized softball groups to carry insurance on their players. Graves answered to his knowledge it was not a requirement. Planning ~ Zoning Commission Councilman Smalley reported the minutes of the June 10 meeting were included in the packet and he reported on the meeting during the last council meeting. He referred to the action agenda for the dune 24 meeting, which was included in the packet. Smalley noted PZ Resolution 98-28 was discussed and the Commission's actions had been appealed. Also PZ Resolution No. 98-30 was approved. Miscellaneous Commissions and Committees D-Ta. Beautification Committee Councilwoman Swarner reported the Committee and other volunteers had been weeding flowerbeds throughout the city and additional help could be used. Please contact Swarner with names of additional volunteers. Swamer also noted the minutes of the dune 9 meeting were included in the packet. There was no quorum. The next meeting is scheduled for duly 14. D-~rDo Historic District Board Councilman Moore reported the minutes of the last meeting were included in the packet. The Board approved the Preservation Plan and it was passed on to the Planning & Zoning Commission for their approval. The next meeting was scheduled for July 20, however there was a question of whether they should meet again prior to the joint work session to be scheduled in September. Discussion followed in which Clerk Freas suggested the Board may want to meet and discuss how they could better participate as a Board, i.e. less meetings, etc. No change was made to the meeting schedule. ~NAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 9 D-7c. Challenger Board Project Coordinator Bill Popp was asked if he had any items to report. He stated he did not unless council had questions. There were no questions. Councilman Measles suggested this item be removed from the council agenda since the city will not be involved in the program. There were no objections. D-7d. Kenai Visitors/~ Convention Bureau Board Councilman Bookey reported a meeting was held and the minutes would be the council packet for review. D-7e. Alaska Municipal League Report Councilman Smalley reported a teleconference is scheduled for July 8. ITEM E: MINUTES ,, Regular Meeting of June 17, 1998. Approved by consent agenda. ITEM F: CORRESPONDENCE- None ITEM G: OLD BUSINESS- None. , ,, ITEM H: ,,, NEW BUSINESS i-X. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swarner MOVED for approval of the purchase orders exceeding $2,500 and Councilman Smalley SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 10 Swarner questioned 'the purchase order to Maloney & Haggart and asked if this was an open purchase order. City Attorney Graves answered, it was a purchase order covered by funds budgeted for the new fiscal year. He added, expenses to the attorney have decreased dramatically. It was noted the company name had changed and Maloney should be removed from the name. VOTE: There were no objections. SO ORDERED. H-3o Ordinance No. 1789-98 -- Amending KMC 13.05.010 to Authorize Collection of a Surcharge for Violation of a Municipal Ordinance. Introduced by consent agenda. Approval -- Assignment of Lease/Lot 6A, Block 1, Gusty Subdivision No. 4 from Black Ice, Inc. and Danielle Gabriel to D. Roberts Enterprise Limited Parmership and Dan Roberts. Councilman Moore asked if there were more than two parties involved in the assignment. Graves answered, to his knowledge there were only the two included in the information. MOTION: Councilman Moore MOVED for approval of the Assignment of Lease/Lot 6A, Block 1, Gusty Subdivision No. 4 from Black Ice, Inc. and Danielle Gabriel to D. Roberts Enterprise Limited Partnership and Dan Roberts. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. Approval -- Consent to Security Assignment of Lease -- Lots 1 and l-A, Aleyeska Subdivision Part 3/Jim C. & Erika E. Singree. MOTION: Councilman Smalley MOVED for approval of the Consent to Security Assignment of Lease -- Lots 1 and l-A, Aleyeska Subdivision Part 3/Jim C. & Erika E. Singree providing the lessee becomes current in payments to the City and Borough at the time of closing. Councilman BOokey SECONDED the motion. Graves reported additional paperwork was received from the entity Emergent Business Capital who may require additional paperwork from the Small Business Administration. They were told that information would not be carried into council. Emergent said they would like to go ahead with the security assig/tment. KEN~ CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 11 Administration informed them if \ additional approval of estoppal paperwork was required by council, it would be forwarded to council in a future packet for their review and consideration. Smalley asked if the lessee was current in payments. Graves answered, no, they owed approximately $12,000. Graves added, the lessee was told that before the assignment was made, he would have to come current at closing. Smalley noted the motion did not state that. Graves pointed out the desired motion included in the packet information. A "friendly amendment" was made to the motion with the approval of the second. VOTE: There were no objections. SO ORI)EltED. Discussion -- Scheduling Board of Adjustment Hearing-- Appeal of Planning & Zoning Commission Approval of Amending the Conditional Use Permit PZ95-30 to Include a Crushing Plant and an Asphalt Plant for the Property Described as Tract 6, Horseshoe End at River Bend Subdivision B Appeals filed by John Coston, Dee Anna & Nolan T. Compton, C.H. & Donna Tom!inson, Victor & Joan Hett, Gordon & Patsy Gifford, James A. Krein and Lloyd & Jennifer Richardson. Councilman Smalley recommended council not set the hearing prior to a council meeting due to the length of time the hearing will take. Discussion followed. Council scheduled the hearing for Tuesday, July 21 at 7:00 p.m. in the council chambers. Smalley requested notice of the hearing be sent to those who wrote letters to the Planning & Zoning Commission (who may not have spoken during a Commission meeting) in addition to those normally noticed. Williams asked if their had been any discussion about the application for the conditional use permit had been withdrawn. Graves answered, no. H-7. Discussion -- Professional Services ContraCt--James E. carter. Ross referred to his memorandum included in the packet, along with a draft of the proposed contract for professional services with James E. Carter and his letter to FAA in regard to using Airport Fund monies to pay for the contract. Ross noted, he received communication from FAA with a series of questions needing answered by the city prior to their making a determination of using airport funding. Carter was advised. Ross continued, he didn't think an affirmative answer would be received from FAA until their questions are answered. One of the questions was in regard to site plans. Ross stated he was not sure a specific answer could be made to that question, but potential sites may suffice. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 12 Ross added, he would like the new airport manager to address some of the concerns. In order for that review, he suggested the matter not come back before council until the second meeting in August at the earliest. During this time, council will be able to review the draft and forward comments to him {and Carterl. Bookey stated he felt comfortable with Ross' suggestions and would like to have comments from FAA prior to council's consideration of the contract. Moore agreed. Ross stated, after receiving comments from FAA, they will consider incorporating them into the contract. BREAK TAKEN: 8:05 P.M. BACK TO ORDER: 8:17 P.M H-8. Discussion -- Kenai Municipal Airport/Airport Terminal Smoking Policy. Ross referred to the memorandum included in the packet from Acting Airport Manager Holland. The memorandum discussed alternatives the Airport Commission reviewed in regard to a designated smoking/smoke free terminal. Ross continued, upon cost review, administration recommended two alternatives: designate the terminal as smoke free or provide for an enclosed, ventilated smoking area near the terminal entrance (estimated cost in excess of $6,000). Ross noted another consideration was to add a smoking area to the south end of the terminal, building a structure on the small porch. Administration did not recommend this alternative due to the limited size, cost, under- utilization, and what it would do to the terminal. MOTION: Councilwoman Swarner MOVED to designate the airport terminal as smoke free and Councilman Smalley SECONDED the motion. Swarner suggested, referring to comments about litter that will be dropped on the ground ff the terminal is designated smoke free, additional ashtrays be purchased and placed outside the terminal for smokers to use. Smalley stated he seconded the motion in order to discuss smoking cubicles. He added, he has seen them and often they are too smoky to see through. He asked for comments from those who smoke to discuss smoking cubicles (Alternative #3). He added, they needed to remember there is a certain amount of clientele using the airport that smoke. Moore commented he visited the present smoking area at the terminal and people were smoking. He spoke with the people at the gift shop and they had no objections to the smoking area across from their front door. Moore added, he had not received any complaints from friends, relatives, or airport users and was willing to table the matter. MOTION TO TABLE: KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 13 Councilman Measles MOVED to table the matter. motion. An objection was noted. Councilman Moore SECONDED the VOTE: Swarner: No Bannock: Absent Bookey: No Moore: Yes Measles: Yes Smalley: No Williams' Yes MOTION FAILED. Councilwoman Swarner requested a "friendly amendment" to her motion and a resolution brought to council at their next regular meeting making the terminal smoke free. Moore asked if Alternative #2 (providing an enclosed, ventilated smoking area) was included in the resolution, would the costs be covered by airport funds. Ross answered, yes. MOTION TO AMEND' Councilman Moore MOVED to amend the motion to add Alternative #2 to the resolution. Councilman Bookey SECONDED the motion. Smalley stated he believed the motion to amend was out of order as the main motion was to declare the terminal smoke flee. The amendment was not germane to the main motion. Mayor Williams requested, with advice of council, to bring two separate resolutions to council for consideration: one for declaring the terminal smoke free and the other to provide an enclosed ventilated smoking area near the terminal entrance. Williams noted action was needed on prior motions or the maker of the motion could withdraw the motion or make a friendly amendment requesting two separate resolutions. Swarner stated she did not want the ventilated smoking area. Williams directed the vote be taken on Swarner's motion to bring a resolution forward declaring the terminal smoke-free. VOTE ON MAIN MOTION: Swarner: Yes Bannock: Absent Bookey: No Moore' Yes Measles' No Smalley: Yes Williams: No MOTION FAILS. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 14 Williams suggested two separate resolutions be brought to council at their next meeting; smoke free and ventilated smoking area. MOTION: Councilman Smalley MOVED to bring both alternatives as resolutions to council at their next meeting. Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM I: ADMINISTRATION REPORT~ I-1. Mayor a. Citizen Complaints - Williams reported he has received numerous complaints, wimessed numerous incidences and had many discussions about the location and behavior of mentally handicapped citizens of the community. He added, along with their rights being the same as everyone's, they also have the right to proper supervision, treatment and care. He was concerned that many of these citizens are becoming dangerous to themselves and others because of the lack of supervision and Williams added, there has been a policy developed by the federal government through several housing programs that allows supplemental rentals for these people, as well as outright grants of foreclosed properties. Whether realized or not, they are proliferating more and more throughout the community in homes, apartments, commercial and residential neighborhoods. Incidences taking place have included a person jumping out in front of a moving vehicle, suicide, setting fire in an apartment, and destruction of property. Williams asked Graves if there is a connection with this type of housing facility as a business or halfway house. He noted his concern there may be some legal obligations or implication of legal obligation to the city. Graves stated he didn't think there were legal obligations to the city. However the ability to zone mentally handicapped is greatly restricted by the Fair Housing Act. It is virtually impossible to zone out housing for mentally impaired people. He added, HUD would come down hard on any community doing this. The number of people living in a house could be restricted, but it would limit the amount of people whether mentally impaired or not. It is really a matter of contacting the supervising agency and not a zoning issue. Chief Morris stated he was not aware of how many complaints had been received however his impression is the number seems to be increasing. He discussed complaints with Bob Watts in regard to supervision of a particular housing facility and was told changes were being made. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 15 Ross noted he had several discussions with citizens and he encouraged them to file complaints with the Kenai Police Department. The Chief will pass the complaints on to the placement/supervising agency. If appropriate action is not taken by the agency, the funding agencies will be notified. Ross added he didn't see this as an interference to fair housing and felt it was the only approach the city could take. Williams added, his question about halfway houses was asked because they are buildings purchased by a private group specifically for that purpose and run like a business for profit. Graves stated the courts have stated it is like owning a house and renting it out. Moore asked if someone has violated the law would they be charged for those violations. Moms answered yes and some charges have been made. Swarner suggested when council is requested to write letters of support for funding agencies, and there have been complaints, no letters of support be written. Smalley suggested a newspaper article (condemning the agencies, not the people) might help in bringing the concern to the funding agencies' attention. Morris added, Mr. Watts told him approval has been received for use of a building in Soldoma where 24- hour monitoring will be available for more serious cases. b. Public Health Building- Williams reported he had a discussion in regard to the hospital acting in a joint venture for the health facility. He understands an answer is to be received from the Hospital Board and the Borough Assembly by August 15. However, the Board took no action at their last meeting. This will delay the process. Ross stated he understands the matter is to be forwarded to the Hospital's Strategic Planning Committee for a recommendation to the Board. Williams stated he was concerned about the time line for the process. If it is delayed into September, it will be a full month behind. Williams suggested the city develop a contingency plan by investigating other potential partners. Wi!l/ams added, a Request for Proposal could be developed and ready for distribution if no action is taken by the August 15 deadline. The hospital could still participate by submitting an RFP. Williams noted there are members of the medical community alSo interested in the venture and would be willing to invest in the development of the facility. Swamer stated she understood Williams' concerns. She noted her understanding is the state would try to find additional funding if needed. She added, she was not ready to go to another group at this time, but was disappointed the Board did not move forward on the matter. Williams noted, he was asking for an RFP to be prepared in the event there is a delay. Measles agreed that would be a good step and if it comes to that, the Borough could still respond through the RFP and probably could work a lot faster through an RFP than politically. Williams added, the city would reverse the position it is in now KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 16 (donating the property and the Borough owning the facility). The city's new position would be to donate the land, build the facility and own it unless one of the responders to the RFP was willing to invest funding with the city's donation of land. The responder could then build the facility and give the Public Health Center a 99-year lease at a stipulated rate. Ross stated if the process breaks down at the Hospital Board, the state would still need to participate with the city in the development of the RFP. He added, the state (Department of Health & Social Services) has a plan as to what they want to be 'included in the structure, i.e. space, utilization, etc. This in turn would impact the design of the remainder of the building. Williams noted he wanted a back-up plan developed. Smalley suggested the city discuss these concerns and express the city's intentions with Health & Social Services. Ross stated he would talk with them and let them know if there are other delays, the city will work with them in developing the RFP. Measles stated he would like the RFP ready for distribution as soon as it becomes apparent progress with the Borough is stopped for this year. There were no objections from council. c. Russian Visitors - Williams reported he would be touring a group of Russians through the city on Thursday. d. Mayor and Council Members' Compensation- Williams requested administration to prepare an ordinance, under the terms of the Charter, to raise the pay of the Mayor to $1,000 and Council Members to $500 to take effect after the election. He noted, it has been many years since the salary was set at $500 and $250 and there are costs involved that are not apparent from the onset (cell phone costs, time, etc.). Williams added, he did not run for Mayor for the money and his bringing the subject to council does not indicate whether he will run for re-election. e. Mayor/Council Benefits- Williams explained, all elected officials in the State of Alaska, after serving five years, may receive a minimal pension. However, because of government bureaucracy, council is eligible for pension benefits, but he (personally) is not. Williams added, he discussed his questions with the Pension Board and asked them how much more pension he would receive if it was calculated at 15 years of service at $500 gross pay. The Board figured it to be approximately $200 a month x 15 years = $36,000. Williams requested council to consider a compensation package for him, equaling that offered to council members. If he is re-elected and his pay increases to $1,000 a month for three years of service, 36 months over the term of office would be put into a deferred compensation account. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 17 Smalley suggested it might be best to discuss the pension benefit issue after the election. If there is a change in mayors, that person may not be in the same position as Williams. Williams stated he didn't expect a decision be made at this time as there could be a change and a future council cannot be bound to a future decision. He added, he wanted to bring it to council's and the public's attention. But, because it is approaching the deadline, an ordinance would have to be introduced at the next council meeting and adoption at the following meeting in order to meet the filing deadline. Graves read the portion of the Charter and noted the deferred compensation package (which is considered compensation) would not become effective until after the next mayoral election. Bookey asked why the mayor's position is different from the council in regard to retirement. Smalley answered, if an individual is a member of retirement system (PERS or TERS), and goes back into a state system, the individual pays a penalty (everything plus 15%). Swarner asked where the additional money would come from in the budget. She added, she was concerned because the budget had just been approved and now a change would have to be made to it. Williams answered there is money in the contingency fund and in the Legislative budget (for purposes of lobbying, etc.). In regard to the pension matter, he did not care whether the payment would come once every three years, monthly for three years, or once at the end of three years. Discussion followed in regard to when the pension could be compensated. Ross suggested including an effective date of July 1, 19999 for the compensation portion. Graves stated it could appear the intent of the Charter is being skirted if a vote for compensation passes and doesn't become effective until after the next mayoral election. Ross explained if the ordinance were passed now, before the election, with an effective date of July 1999, the compensation funds would not begin until the new budget year. Graves stated he believed that would be acceptable. Williams requested two ordinances be prepared: one asking ff the pay should be raised, the second to develop a method for a compensation package for him. Williams noted, because one council cannot bind future councils, he believed the retirement compensation would require a budget issue during the next budget session for that separate item instead of binding it over three years. Smalley asked if the council drafted an ordinance stating there would be an increase in compensation and it was passed before the next election, the only way a future council could undo it is by passage of another ordinance changing it to another amount. Graves agreed there was no prohibition to reduce a mayor's salary. Graves added, council should deal with the deferred compensation issue prior to the next election so it can become effective in July 1999. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 18 Williams stated he wanted to solve the issue prior to the election so that the public understands what his intentions are. He asked administration to work out the details of the ordinances and bring them forward for introduction at the next council meeting. I-2. City Manager a. Airport Manager Selection- Ross reported a negotiated offer had been made to the candidate and included a reimbursemeni of transportation expenses. In the past, a not-to-exceed amount of $15,000 was offered. The candidate received a written estimate from a moving company that was higher than the $15,000. The candidate has agreed to keep the cost below the $15,000 and the $15 000 is acceptable to the candidate. ' Ross added if council had no objections, he would sign the transportation agreement with the candidate at the $15,000 level. No objections were voiced. b. Exxon Valdez Oil Spill (EVOS) Funding- Ross referred to Information Item No. 2 which was a letter from him to the Alaska Department of Fish & Game. He explained he received a letter from the EVOS Truatee Council. The letter informed him the city's request for funding for the north and south side parking had been turned down because the chief scientist felt the city had not done enough with the Department of Fish & Game to seek closure of the dip net fishery. Ross continued, his letter to Fish & Game requested their assistance in advising the EVOS Trustee Council the curtailment or closure of the fishery in the city has not been an option to the city. Ross added, Public Works Director Komelis was working on other issues for non- funding and is preparing a recommendation for the August meeting of the EVOS Board. Smalley noted, in the past the city offered a signing bonus instead of referring to it as moving expenses and also incorporated a payback of the moving expenses to the city if the employee left the services of the city within a certain time frame. Graves stated since then, the Alaska Supreme Court offered the interpretation that an employee must be given a plane ticket back no matter how much moving expenses were offered in the hiring of the employee. The concerns of reimbursement of moving expenses evaporated when this interpretation was made. Attorney- No report. City Clerk- No report. I-5. Finance Director- Acting Finance Director Feltman reported Mr. Semmens was on vacation and would return to work on July 6. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 19 Public Works- No report. I-7. Airport Manager- Acting Airport Manager Holland reported the Executive Summary of the Airport Master Plan was available to council. ITEM J: DISCUSSION J-1. Citizens -- None. J-2. Council Swarner- Noted there was still a lot of gravel on the bike path between the dustbowl ballfield and Princess Lane. She also noted she had been to the dock and it looked very nice. Moore- No report. Measles- No report. Smalley- Smalley reported the city looks good. He complimented Parks & Recreation and Public Works for doing a great job throughout the city. Wl!!!ams- No report. ~CUTIVE SESSION'- Evaluation of City Manager. MOTION: Councilman Smalley MOVED to convene in an executive session of the council of the City of Kenai, concerning matters that tend to prejudice the reputation and character of another specifically for the evaluation of the City Manager and requested the City Manager to attend the meeting with the council. There were no objections. SO ORDERED. It was noted Councilman Bannock had arrived and he was asked to join council in the executive session. BREAK TO EXECUTIVE SESSION: BACK TO ORDER: 10:55 P.M. 9:20 P.M. Councilman Measles reported the council met in executive session for the performance appraisal of the city manager. The council was unanimous in praising Mr. Ross for the job he's done and will keep him around for a little while. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 20 ITEM K: ADJOURNMENT The meeting adjourned at approximately 10'56 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ M emoranClum Date: July 9, 1998 To: Richard Ross, City Manager From: Klm Howard, Administrative Assistant Consent to Collateral Assignment of Lease I Jim ~C. Ih Erika E. Singree, Lots 1 and 1-A Aleyeska Sub. Part 3 At the July 1 ~t meeting the Council approved a Security Assignment of Lease for the above referenced lease. The property is the site of the Katmai Motel. The City Attorney reported at the meeting that additional paperwork might be forthcoming. Attached for Council approval is a Collateral Assignment of Lease that the Small Business Administration is requiring. The leases state any assignment requires the written consent of 'the City. The City Attorney has reviewed the document and has no objections. The lessee is delinquent in lease payments, water and sewer payments and sales taxes to the Borough. The lessee expects to bring all accounts current at the closing. Council normally approves assignments providing the lessee is current in payments to the City and Borough. Does the Kenai City Council approve the Collateral Assignment of Lease, providing the lessee becomes cu~'ent in payments to the City and Borongh at th~ tim~ of ¢lo~ing? If so, a consent will be prepared for your signature and given to the closing agent. Cc' Patsy Mizera, TransAlaska Title Attachment /kh _._~.O~/09,JU.L.. l~.~l. 9_9.8FA_9:.~.9_AM_20 8B.ERRYHILL Q:t~F NORTH . · , COLLAT~I~AL ASsIGNM~(T OF ~ E~A~ L~E ~O ~~~ ,~sl~N~; ~N~S~: In mai ~~~ W ~ ~a~ ~j ~, 1~7 and BY 1~ ~~ Ma~ ~, ] ;"" , i~'~ .... ~ "~1~ ' ~et ~; 1~ ~nai Sp~ Hlgh~y ~~i;~ 99811 · ~D. ~, ~IGNEE h~ ~n~ or h~ ,~o~ ~e ~n; ~ s ~n ~ B~O~R in ~ nmoum af$ 600,~0 ~u= ~= ~~ on or b~m J~ 6, 2018. ~ lease n~ d ...... ~..F ~ ~. · e M~ eric all ~~m ~ ~------ A. BORROWER and LE~ further Cnv.nant mhd Agree: '1 earn tt~ ~ and co~ll~m ,,~ wil. LWf°m .......... , .,. ~ of ~id k3an anc~ ~ eXtm~qM~ or m-uw-, ~, -- ASSIGNEE- ~grMment t~.en mere. II~ or .moue-, --- ~ dgtlt to ~..,ne~ m~ ...... ,,-- .., -.~ debult eno 1tie ~ht. at the op_t~n .. ~I~EE, d~O .~ ~~_ T~~ ~m ~ ~~t ~~.t A~I~~ ~~ ' do~'~ $O~O~ tn M po~~~ of u~ ~ ~e oM~aM ~ ~o ~ In ~e o~~ aBy~ --- ,:-- -- ~-~d ~ ~ ~~N or ~~ ~~. o~.~ ~IGNEE, ~ ~ ~' _ ~ ~ ~~l~ng' ~ ~ ~~ and d. aW o~ ~ ~ · - ~nofme~. . ~l~ cheil h~ ~ ~g~ ~~_~n p~~,~ -,, ........ ~~a~~ot~o~- ~ it ~k a~i ~on m ~ ~ ~ ~e 5, ~o Pamonal P~ ~lll f~ pe~o~l p~ n~dl~ i~ ~ m or · . for collBteral purposes RO Viii Form 87 (5/93) I::lef. $0~ 50-10 P. 1E~'17' ! ~. I.i;~OR ~rees rD, and ~ her, bY, .~:m~.~_..~a~."an he m~Y, ~ or ~~~. ha~ ~ ~" ~ ~o~~~ ~; = ~ ar nem~.~,~ for ~e ~r~ld 1~, m ~1~~~ ,m or aM ~ ~ h~ ~11 ~er and ~~ m ~~ ~o ~ ~m~L O. ~ ~m~ Stl~ be bi~ ~n and ~um ~ ~ ~~t of ~e pe~~l m~~~, ~Ttm c. $~e BORROWER ~OWLEDGEi~IP-NT STATE OF AL. AS~4~, ) ~" COUNTY OF ) 'Oft ~ 6m day of July, 199B, I~m'lonally mppeafmd I~ ma Jim C. $~me ~ Enlm E. ~ingrew, ma mlgnm(~) of ~e above IrtsUurnm~ wire dW ~cimowtedgad 1~ me that ( ) mm~d the ~ama. -NotaW PubUG STATE OF ) ss. COUNTY OF ) on 0., d~~ , ~e , p.r.~.~ .me, md. b?~.me_ ~_~., ~ ~m; ~ ~ du~ ~, ~ ~ ~~ (~ ~ r~n ~ ~e ~ ~ di~~) ~d ~ My com~ expl~ L~R A(3KNOWI.EDGEMENT: STATE OF NmEM COUNTY OF , On the day at ,1998, permnaily appMred before me dgnm(a) of the above instru~~ who duly .cknowl~~ t= rrm that ( My Commiaslon expires: I e,,~=mmd the NM~ry Public RO VIII Form 87 (~/g3) Ref. SOP ~0-10 ' JUL la. 1998FA,~9:30A~l~O 8B..ER. RYHILL CAGE NORTF~ SI]$ CAPIT~T, 07/0g/~' ~o.~,, ,,,,,, - - .. ' ~ AI~ ~N0. 960 P. 17/17 sTATE OF cOtlNT~ OF ) On tl~ day of , lg , pemon~llY appea~ before ma wh= being by me ~ly sworn, did ~ay that he is the preaidnftt =f and that said instltlllm~twan s~gnud in behalf nf ~aid mrporation by mulbn~ of Y= by4aw~ (or by resolu~n mu thnt ~ cnmomtion exer. utnd the ~ame. My C,~mmi:~,lon expires: RO VIII Forltt 87 (5/93) R~. SOP 50,,10 JUL. 18. 1998 g: 83AM BERRYHILL CAGE NORTH NO. 9~0 P. 8/17 ESTOPPEL AGREEMENT This Estoppel Agreemeal ("A_u, reemen_t,) is dated as of _ __, 1998, and is among CITY OF KENAI ("Ground Lessor") and/IM C. SINGKEE a~ ERIKA Ii. $1NGRIiE ("Tenant') an~ EN~__~~ BUSINESS CAPITAL, INC., a $outl~ Carolina corpormion ("Lender"), RECITAL__S: A. By virtue of thai certain Lease daled March 1, 1968, between Ground Lessor and Calvin Mar~ and Marian Martin and tha~ certain Lease dated May 5, 1967, between Oroumt Lessor Mid De/Alsop. and lhose ~ ~rne._dm__e.A~__ al~ assiLmm_er_lt_~, mol:e particularly described in Exhibit A attached hc~cto ("Lease.____S."), Tenant is the lesse~ of thc zeal property now known as Lot 1 and Lot lA, Aleyeska Subdivision, Pan 3 in the Kcnai Recor~ Dislxi~ Thkd Judicial Dislrict, State of Alaska, more pani~arly dc. scribed in Exhibit B alZached ~ (Pro_~er~,_"). B. Tenant has rcquest~ that Lcnd~ provide to Tenan~ a loan in the original principal amoun~ of $600,000.00 ("Loan") to be secured by a firs~ priority deed of~ encumbcfin~ the lo~ehold ~ ~'~m~l und~ tl~ Leas~ and all of'tl~ ri~t~ of Teaam ~ for tl~ bm~fi~ of Lender ("Deed of Trust"). A portion of the loan procc~ will be paid to Ground Lessor. C. Leader has requi~d, as a condition tn makin~ the loan, tha~ ~ Al~r~~ be cxectr,~ by Cu~und Lessor. NOW, I/{EREFORE, in considcra~on of the mutual covenants and agreemen~ s~ forth below, thc pani~ agree as follows: lo Estoppel. Ground Lessor cemfi=, represents and wan~rs U) Lend~ as (a) Atrue, conect and compl~ copy ofthe Lcascs, and any an~ all moa~fi_ ~n~'o~ or s__m_~am__,m~ therew, is attached hereto as Bxhibi~ A and such documents constitute the cngro a/xecment of Tenant and Crro~ Lessor with respect ~o ~ho subject mattcr thcreof. Co) The Leases were duly audmfized, executed and delivered by Grou~ Lessor and consfiune the legal, valid and binding obligaiioms of Ground Lessor. The term of the Leases ~ throu~ Sune ~0, 2002. (d) Tena~ is cmxently obligated to pay annml base ren~ in the amount of per year, Tenant is current in th~ payment of its rent. (e) Them are, at the presen~ time, no breaches or defaults by Tenant or by C, mund Lessor under either Lease nor does there exist any event that has occurred, to the best of Ground D:~B-274~08~ I .AMK(drnd) ;uly 10, 1~98 JUL. 10. 1998 9: ~4RM BERRYHILL CAGE HORTH HO. 960 P. 3/17 Lessor' s knowledge, which would, wi~h notice or th~ pas-~a~ oftim~, constitute ~ default on the parc of T~nant undc~ ei~mr Lease. (f) Tenan~ is pmsemly in occupancy ofrh~ prem~.~s leased under thc Leases. The operation of a motel and restaurant is a pcmfitted use for the promises. (g) All improvcmm~ls locamd au the Property arc owned By Tenant. There is no rcquiremen~ under tl~ Leases that Tenant make any ~lditional capi~ improvcmcuU to tM premises. Ca) Thc Leases arc valid and enforceable against Ground Lessor in accordance with its torres. As of the daIe hereof, Grotmd Lessor has, tn th~ best of its lmowl~g¢ no claim or counterclaim arising out of thc Leases against Tcna~. (i) Gm~ Lessor has not assigned, cncumbe~ or hypothecated any of Groun~ Lessor's intcr~st in thc Leases or thc Property. 2. Consc~_to Encumbrance. Ground Lessor hereby consents tn the Tenant's gramin$ to Lender a deed of mist lien, assitluncnt and/or security interest in Tenant's interest in the Leases and in thc leasehold estate creamd thereby and hereby acknowledges that suoh liens, serenity i~r~rcsts and assignments cio not came a defaull or otherwise violate tim tern and conditions ofthe Leases. 3. G~q_und Lease Modifications. Ground Lcs~r a~cs ~ it s~ ~ ~~oul ~ ~r ~Uen com~ of L~~r, a~~ m or ~~it ~y mo~a~o~ fee simple e~~ of~ ~p~ ~~~ ~ prior ~~ ~bject m Lear's rccdpt of a ~ ~ofiW de~ of ~ ~en e~m2~ ~c fee es~m. 4. No~ce ofDefault~~tto_Cure_.. Tcnm~ shall no~ be in ddault und~ ~ pro~siom of ci~cr o f~ Lc~cs ~css ~u~ nofi~ is given by ~o~ ~ssor m L~~ ~~~ su~ de~~ ~o~ Lessor a~es ~t Le~ s~ ~ve ~e fi~ but not ~e ob~g~~ to c~ ~y dc~t of Tc~t ~~ ~c Lc~ ~ ~ ~o~ Lcsmr ~ ~~pt Lc~r's p~o~ or p~o~~ by ~y receiver ~po~ted for on b~of L~, to c~ ~y ~ d~~. L~ s~ ~ve ~ (30) d~ys ~receipt ofs~h~ficcto c~c ~y ~~~ deh~ ~~ md ~ ~ve s~h ~~~~ ~o~lc ~ ~ h ~~ to p~ a c~ of my non-~~~ ~lv~y of Tc~~ a proMbimd ~si~en~ by ~e Te~t, pmhbit~ dis~m~ ~er P~~ph ~ ofei~ of~c Lc~cs, or my o~ ~~~ beyo~ ~e consol of Lcd. ~v~ ~t L~= shoed e~cise i~ m~ to foreclose on ~ Deed of T~ lessee ~d~ ~ Lc~es, ~o~ Lessor a~es ~ (i) Le~ s~ not bc l~ble, or subjec~ ~ my scruff or co~t~l~ for my obBi~on of T~I ~ !~em~i~ or r~b~sc ~c ~o~ L~or for ~y ~es occ~ or ~~ p~or to ~ ~ ~ L~r ~s ~ssession of~ Pmp~ ~ (ii) L~~ ~ ~ ~ ~able ~r ~y cl~ of ~~ or o~~ o~ ~ for a ren~ for ~y ~~ or coition ms~t or e~~ prior m ~ ~ ~ L~d~ ~s possession of ~ ~p~. If ~~ ~~es ~e righ~ of Ta~t ~ ~e Lc~cs, ~o~d L~sor , n:~F,474\OS~l~dmd) ,]'~ly 10, 1998 JUL. 10. 1998 9: 24AM BERRYHILL CAGE NORTH MO. 950 P. 4/17' exe~vte such additional doc~ as ar~ ~ssary to ~vid~cc Lend~ as the lesse~ under tim Lea.~. Lend~ shall have the right to ~sign the Le~ses to auy third patty, wittmut the prior cons~t of Crro~ L~ssor, and Lend~ ~ ~ve no continuing liabili~ for any obli~iom ~-'i~ing oul of 1t~ Lease after thc cla~c of such assigammt. 5. Condemnation/CasualS, In thc evenI of any condemnation or eminent domain proceedings ai~fing the Property or the Leases, Lender shall be made a party to such proceediags and shall have tl~ right to mceiv~ all awa~ at=ibutable to any in~est of Tenant and shall be enlitl~d to receive ~ faiz value offl~ rcmainc~ int~est under the Leases from tim proce~ o£suah condemnation. In thc cvcnt of any casu~ty loss, Tenant sha~ not have thc right to adjust any loss without the prior written consent of Lender. All insurance proceeds shall be payable directly to Lender. MiscellmlcOVs. Crro~ Lessor further covenants and a~r~s to fonowing: (a) Neither this Agreement nor any assi~m~_~ of rents or leases shall, prior to Lender's acquisition of possession of th= Property ~hrough foreclosure, impose upon Lend= the .r~sponsfbility for the control, care, ms~_sg_~m_~t or rop~ ofth= Property or impose upon Lend~ any ' duty to carry out the tcnns and conditions of the Leas~. This Agt~ ~y only be modified ia writing, signed by thc par~es h~.o. (c) This Agre=mem shall lame to the bestir of and be binding upon tim parties and thei~ respective successors and assigns, it being expressly understood that all ref~ to . Lender shall be cleemcd to include not only Emc~cut Busiue, ss Capital, Inc., but also i~s participator, pwchasers of thc loan, thc SBA, and any person who purchases or redeems at any foreclosure sale. (d) The parties h~ agmc to execut~ such fiaxher insmmmuts or ~~~ ~ my bc n~ss~ or convc~t m e~d~e ~ ~ of ~ pm~do~ con~ ~~ Spcc~c~y, ~~ Le~or a~ to e~~ s~ ~ cs~ppcl ~e~~ for o~~ l~s ~ pro~~ subse~t ~~g to T~ on t~ ~ ~~fio~ subs~fi~y s~~ ~ ~sc (e) Any notice, demand, request or consen~ ~eqt~ed to be given or p=mi~d hareundcr shall be in writing and shall be deemed given when delivered (cven if sent by telecopy or by overnight cou~er such as Federal Express) or three (3) days after being deposited in the United Staies Mail, ccr~ficd mail, return receipt re. quested, postage prepaid, addressed to thc addrcss sia~d below, This Agr~mmnt may be signed in counterparts. DfiE4?4\0S0liS001 ~4K(~ JUL. 10, 1998 9:25AM BERRYHILL CAGE NORTH H0.960 IN WITNESS WI-IF_R.EOF, tho pard=s have enmred ~u ~o Th~s Agr¢¢me~ut as of th~ da~ se~ fo~h ~ove. "GROIfND LESSOR" CITY OF KENAI ~otic¢ ^ddress: By: Namc: Tide: .l,,IotiC.e Addres,s.: ~M~.~G~ BUSINESS CAPITAL, INC., a South Cazolin~ corporalion N o~c_e A4drcss: 607:5 So. Quebec S~ee'c Suite 100 Englewood, CO 80111 By: Name: Title; · D;~P.,.274\0 g0r~001.AMK(dmd) .~Uly 10, 199~ ' JUL. 18. 1998 9: 85AM BERRYHILL CAGE NORTH NO. 968 P. 6/I?' STAT~ OF COUNTY 01~ Thc foregoing in.~m~memt was acknowl~d~ b~fom m~ r~j_~ ____ day of _, 1998 by ..- .. -. , as of and on behalf of lbo ~i~ o~~ a Witness my hand md official seal. My commission expires: - -N~ Public STAT~ 01~ COLORADO COUNTY OF The forgoing iusmnncm was aclmowledgcd b~fom me ~i~ ..... and ~ E. S~, ~ Tcmnu Witness my baud and o~w, jal seal. My commission expires: dayof ,1998 by Jim (2. Norm7 Public ' STATI~ OF COLORADO COUNTY OF Th~ foregoing iztmm~m~t was acknowledged before me ~is day of __ _ ,1998 by _ , , as _ of and on behalf of Bmergenl: Businen C~piIM, In% ~ Sou~h Carolina corpormoo, as ~2der. Wime.qs my hand and O~Lcial seal. My ~mvn!,,~j~ expires: . . D:~.274\O80ES001 ~dmd) July -5- tX) I'-. ~.0 ',"- 0 0 0 I-- Z LU UJ 0 0 0 0 O0 0 0 ~ 0 g ~XX ~ ~° < Z ~ ~ W 0 0 u. w n n ~ uJ LU LU (9 n,' n,' Z ,,,, ~Z I.UZ~ uJ Z n,' ~ n ,~. ,~. ~. 0 W 0 UJ uJ UJ uJ LU ILl LUZ Z ZZ Z Z > 0 n,, 0 I~l LI, I z I&l 0,',' ~ ~ z z z ~ ~ Z ~ Z ~ ~ ~ ~ ~ _ ~- ~ ~ - D D D ~ ~ ~ D z z z z m m 0 ~ 0 0 0 0 0 z ~ ~ ~ ~ 0 0 0 0 z z w 0 0 m m ~ ~ ~ z ~ ~ w ~ ~ 0 z z ~ z ~ ~ ~ ~ w ~ 0 0 w w o o d o w w z ~ ~ ~ w ~ ~ 0 m ~ z 0 ~ ~ ~ 0 0 w Suggested by: C~ CITY OF KENAI ORDINANCE NO. 1790-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS~, AMENDING KMC 1.80.010 INCREASING MAYOR'S SALARY TO $1,000 PER MONTH AND COUNCIL MEMBERS' SALARIES TO $500 PER MONTH. WHEREAS, based upon the substantial time devoted to the duties of the positions of Mayor and Council Members, it appears equitable to establish compensation for the positions at $1,000 per month for the Mayor and $500 per month for members of the Council; and WHEREAS, Section 2-3 of the City Charter states that no increase in such compensation shall become effective until after a regular City election has been held; and WHEREAS, this ordinance shall go into effect on July 1, 1999; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, Alaska, that: A. KMC 1.80.010 be amended to read as follows: Setting: The Mayor shall receive a salary of [$500] $1,000 per month. The other members of the Council shall receive salaries of [$250] $500 per month. These salaries shall be in addition to the reimbursement for expenses and provided for by Charter. Be This ordinance shall go into effect July 1, 1999. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this August, 1998. day of ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk Introduced: Adopted: Effective: July 15, 1998 August 5, 1998 September 5, 1998 CITY OF KENA 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ M emoranCIum Date: To: From: July 8, 1998 Richard A. Ross, City Manager ~ Kim Howard, Administrative Assistant Special Use Permit- Bierdeman The Special Use Permit John Bierdeman has with the City for logging in Section 36 will expire on August l~t. Initially, the term was for one year, but at Mr. Bierdeman's request the Council approved two one-year extensions. Apparently there have been no problems associated with the logging operation. The work that was performed is not highly visible because the permit does not allow trees to be harvested on the state fight-of-way near the property. Mr. Bierdeman has made a written request for a new permit to log the spruce beetle killed trees on property adjacent to the current use area. Mr. Bierdeman told me he might be able to complete the work within one year, however, he'd like to have the option of a two-year permit. Attached is a draft Special Use Permit, under basically the same conditions as the current permit. Thc changes include the description of the property (map attached) and the term. Does the City Council wish to enter into a new Special Use Permit with John Bierdeman to harvest spruce beetle killed trees as described on the draft permit? Cc: John Bierdeman, Far North Firewood and Timber Attachments /kh June 29, 1998 RECEIVED 2. 9 1998 CITY OF KEI(IAI AOMIN, I ,ST,,R, ATION John D. Bierdeman Far North Firewood and Timber P.O. Box 8214 Nikiski, Alaska 99635 (007) 2:83-5272 (907) 776-8933 Ci.ty of Kenai 210 Fidalgo Kenai, Alaska 99611 The logging in section 36 of the Cit3.~ of Kenai under special use permit will conclude in August 1998. We have been happy to work ~vith the City in this endeavor to reduce the fire danger by removing these dead and infested trees. In summa~, Far North Fire~vood and Timber has logged 53 acres of city. land that was impacted by the spruce bark-beetle (section 36). All trees removed were utilized by local sawmills or sold for firewood to local residents. Far North Firewood and Timber would like to obtain a special use permit to log spruce bark- beetle infested land adjacent to section 36 (see attachment A outlined area) because infestation in this adjacent area is also approximately 80%. The guidelines specified by the previous special use permit and the Alaska Forest Practices Act for logging would be adhered to. We are a local small business involved in beetle-kill spruce tree removal. By removing the dead and unsightly trees, we gain for several reasons: a) reduction of fire hazard b) promote healthy growth of young un-infested trees c) property appearance is enhanced d) utilization of an otherwise wasted natural resource ~~,~ SPECIAL USE PERMIT The City of Kenai, gor the considerations and pursuant to the conditions and requirements set forth below, hereby grants to' NAME: ADDRESS: John Bierdeman P. O. Box 8214, Nikiski, AK 99635 hereinafter sometimes referred to as the Permittee, the right to use an area of approximately 39.53 acres of city-owned land designated on Attachment A for the purpose of harvesting spruce beetle killed spruce trees. However, this permit does not grant a right to harvest such trees on state right-of-way near the property. The City Manager may alter or amend, for any reason, the boundaries of this permit by giving thirty (~0) days advance written notice by mail to Permittee at his above-stated address. Xe e Term: This special use permit shall commence on the 1st day of August, 1998 and shall extend to and through the 31st day of July, 1999 with an option to extend the term for one year. Permit Fee: The Permittee shall not be charged a fee for the use or privilege specified herein. e . Right to Entry: Entry and occupancy is authorized as of the 1st day of August, 1998. Use: The use by the Permittee of the premises described above is limited to the purpose specified herein and is not intended to grant any exclusive use to the described premises unless otherwise provided above. This use is also subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the premises and of adjacent and contiguous lands or facilities. This permit allows harvesting of spruce beetle killed trees on the property shown in Attachmcm A. Insurance: Permittee agrees to hold the City harmless from all actions, suits, liabilities, or damages resulting from or arising out of any acts of commission or omission by the Permittee, his agents, employees, customers, invitees, or~arising from or out of the Permittee's occupation or use of the premises demised, or privileges granted, and to pay all costs connected therewith. In this connection, the Permitt¢¢ agrees to arrange and pay for all of the following' ae Comprehensive general liability insurance protecting both the City and/or its agents and the Permittee, such insurance to be evidenced by a certificate of insurance SPECIAL USE PERMIT- 1 OF 3 showing the insurance in force. Said comprehensive general liability insurance shall be in the form of a policy commonly known as a level limit policy, combining bodily injury and property and in an amount not less than $500,000. b. Insurance contracts providing liability insurance shall provide for not less than thi_ny (30) days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. c. Permittee agrees that waiver of subrogation against the City shall be required by Permittee's insurer and shall be provided at no cost to the City. d. Proof of worker's compensation insurance at statutory limits shall be required. e Forbearance' Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishmem of the right to exercise such terms, conditions or requirements. . S· · · · · oilc~tat, on: Sol,c~tation of donations or the promotion or operation of any part or kind of. business or commercial emerprise not contemplated by this Special Use Permit upon, m, or above city lands, without the written consent of the City, is prohibited. , Removal of Property' Any or all personal or real property placed or used upon lands or in facilities in violation of the preceding prohibitions may be removed and/or impounded by the City of Kenai, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. . Cancellation: The City reserves the right to cancel or amend this permit by written notice delivered either in person to the Permittee named herein or his representative, or by mail to the address set forth above. DATED this day of ,1998. PERMITTOR: CITY OF KENAI. By: Richard A. Ro ity Manager PERMITTEE: John Bierdeman SPECIAL USE PERMIT - 2 OF 3 STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the day of ,1998, RICHARD A. ROSS, City Manager of the City of K~nai, being personally knoWn to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing insmmaent on behalf of said City for the purposes therein mentioned. Notary Publ~~.]'aska My Commission Expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the day of , 1998, JOHN BIERDEMAN, being personally known to me or having pr°~tuced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing immanent on behalf of said City for the purposes therein mentioned. Notary Public for Alaska My Commission Expires' SPECIAL USE PERMIT- 3 OF 3 --- ! Attachment A · ./ . ~ ".4. '/ ,4L.E';"-'."" ',., , ..:.,,,,~ L~ \. ,,._ ~, ~, . ,,.... -'k / - -,'~", ~,',"' , ' ~ -/""' ' .~,,,..,, ,-.,, , / ~,z-, ' ,~, ,~,,,,,, ,! / -~. .. -,,~, . ,,, // ,/'. ~' 'I ,~. ,,,,, ~ ,/ ,~'~ ~~,.// ' . ~ I'/ ~.~ .~~~,,- -... :.:. ,? :,_','~. ~- .~, ;' .,~,~./?- -.. ..:.-:..: .~:.:~..~-.:.-'. ~ ~,~',, ,~ :. ~,.?./ . ....~- . ::.. ;..' :: :. . .-..~ . ..:.. ....' k .,, ~~. ,~, o.4-~;~~ ' ..~':'~.,-.~ ...... "..--:...:. ~,, -- '~ '" · :... .... '- ~:' ": ,4,, .... .i :.':i~! .. ~..- . ..,..~,~ ':.~: ...... .. .. '.", ',! ..... :.. '-:-':-.', ........ ":. ; ..... -,'t';b~,....v. ~, "~ .~:.~'..r,: -.. · . '~. ,,..~- · ~...~.~. i' :" :~'"-?-*" "'"?'?=~ .... '~ · . . ',' , . " .' . :"'~-, .. .... ;~. :,""'":,-~?~,~:~ ...,,,~.;?-- ..; ,*4;' ,t....~.~.~. "- '" ·" · --, ' ~ ..... ~'. ' . ' ,' .. . ; -"'.,r~..~'..~'~. . · · .: ',,' -~ -' ' ""- · ;i~..'.':L ~:~ ~o,~.,~ .~.~,~.~.' ":~1'";' ~'~::'~':::'"'"?'~': ~-.~,, ~.,~.~ . ./ '~ '. '"',It.".,.:' ' ": .... ,, ...~_... . .. ,.~;..., ... ,._....~. · . .. ~ ,...,.:... · ,,: · ..,. -.. .. .... · · . · . · · o, ,, · . ,. .. -..,~ . · . · 14.20.200 Accessory. Structures' (a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: (1) In an RR and RS zone, the minimum front yard setback for an unoccupied attached or detached garage or carport shall be ten (10) feet; (2) Covered but unenclosed passenger landings or carport not more than one story in height may extend into either side yard, but such structure shall not be closer than three (3) feet to an adjoining lot; (3) Unenclosed outside stairways, f'tre escapes, porches, or landing Places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required yard except within three (3) feet of any lot line; (4) A detached accessory building may be permitted to occupy a rear yard, provided that not more than 1/3 of the total area of such rear yard shall be so occupied. (Ord. 925) 14.20.210 Sight Obstruction on Corlaer I,ots' On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in a manner which obstructs vision higher than three (3) feet above the curb level at the street intersection, provided that this restriction shall not apply to shade trees, the entire foliage of which is eight (8) feet above the height of the curb. This restriction on sight obstruction shall apply to the triangular area formed by the two streets rights-of-way adjoining the lot and a line drawn across the lot adjoining points on each right-of-way twenty (20) feet from the intersection of the right-of-way lines. (Ord. 925) 14.20.220 Sign~ and Advertising Device,~' (a) General Requirements' (1) A permit shall be obtained from the administrative official prior to the installation of any sign, nameplate, advertising sign or advertising structure except as provided in subsection (c). Construction and erection of signs shall be in accordance with this chapter, with the Uniform Sign Code. and with the National Electrical Code. (2) When a building permit is obtained for the construction of a building, signs for that building which conform to this Code shall be considered as part of the valuation of that building. The fee for signs not covered by a building permit shall be as follows: Home Occupation Signs Portable Signs Pennant Signs Electrical Signs All Other Signs $ 5.00 $ 5.00 $ 5.o0 $25.O0 $15.00 S46-11/13/87 Title 14 - 41 CITY OF KENAI (3) A permit for a commercial sign shall be issued only if the sign will be located on the premises advertised, or on the common property available for such purposes to all commercial occupants of a multiple commercial development such as malls. The City of Kenai may erect, or may allow another governmental agency to erect, information signs as they deem necessary. (4) Penalties for violations of this section shall be as set forth in KMC 14.20.260(e). (5) If any of the provisions of this Code hereby adopted conflict with the Uniform Sign Code adopted by reference, the provisions of this Code will prevail. (6) Signs shall be erected and maintained plumb, level, and true and kept repaired, painted, and maintained. (7) The Building Official shall determine the area of all signs and shall classify all signs. (8) Existing signs for which no permit was obtained' When the owner of record of~a lot or lessee of a lot on which a sign or signs are located that do not conform to the provisions of this Code has been notified that such sign or signs are non-conforming, the owner shall make the sign or signs conforming within ten (10) days from the date of such notice or remove the sign. (9) All signs except temporary signs shall be designed according to the Uniform Sign Code. (10) Relief from any of the provisions of this section may be provided by a variance as prescribed under KMC 14.20.180. (11) A permit issued under the provisions of this section shall become null and. void if the sign erection or other work author~~ by such permit is not commenced within ninet).' (90) days of the date of issuance, or if the sign display or work authorized by such permit is suspended or abandoned for a period of ninety (90) days any time after the display or work is commenced. (b) Prohibited Signs: (1) No sign shall be erected at any location where by' reason of the position, shape, intensity, or color of such sign it may interfere with. obstruct the view of, or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or sign post. (2) No sign other than public signs shall be placed within twenty (20) feet of any intersection as measured from the nearest intersection of street right-of-way lines. (3) Flashing signs or intermittent illumination are not permitted except time and temperature, automatic changing message signs and traditional holiday decorations. Only that part of time and temperature and changing message signs which contain advertising will be considered as part of allowable sign area. (4) Audio signs are not permitted in any zone. (5) The use of profane or indecent words or illustrations is prohibited. (6) Beacon signs are prohibited. (7) Bench signs are prohibited. S46-11:13/87 Title 14 - 42 CITY OF KENAI (8) No electrical equipment or electrical apparatus of any kind which causes interference with radio or television reception shall be used in the operation of any sign. (9) Unauthorized signs in any right-of-way or on City proper.ty may be removed by the City and disposed of. (10) Signs not mentioned in this Code are prohibited. (11) No sign, except roof signs, shall be higher than thirty-two (32) feet above the adjacent ground or pavement level. No roof sign shall be higher than eight (8) feet above the roof on which it is placed. (12) Portable changeable letter electric or non-electric signs are not permitted except as provided for in KMC 14.20.220(e)(3). (13) No off-premises commercial advertising signs, including billboards, are allowed in any zone. (c) Signs Not Requiring a Permit: (1) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right-of-way or another lot are exempt from this Code. (2) Political signs may be displayed in any zone except conservation without permit but must comply with the regulations of this Code. All political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two weeks following the general election. If, after reasonable notice, such signs are not removed, the City may remove them, and the candidate. 'organization, or person who caused the sign to be erected may be charged for said removal. (Ord. 1657-95) (3) Construction signs' During construction, rePair, or alteration of a structure, temporary signs which denote the architect, engineer, contractor, or builder or which denote the name of the structure and its use or occupants-to-be may be erected on the construction site. Each sign shall be thirty-two (32) square feet or less in size and no more than one such sign shall be perr~tted for each architect. engineer, contractor, builder, owner, or denoting the name. use and occupants-to-be of the structure. Any of these may be combined on one or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (4) Public safety, signs exclusively relating to the safety of the public (e.g., "no parking today," "use covered walkway," "do not enter," "danger," "loading zone") may be located as needed for public safety. Traffic signs may be erected by any governmental agency. (5) Real estate signs' One sign not exceedin~_ five (5) square feet advertising the sale, rental, or lease of the building or premises on which it is maintained. (6) Signs within a building. (7) Temporary signs of not more than five (5) square feet may be displayed in an3' zone except conservation for one week but must comply with other pertinent S69-09/01/95 Title 14 - 43 CITY OF KENAI regulations of this Code. Signs advertising sales, such as "garage," "moving," "yard," "house," or "lemonade" may be displayed under this section and must have the name, address, and telephone number of person conducting such sale and must be dated. (8) No permit is required for copy changes on a conforming bulletin board or marquee, for maintenance where no structural changes are made or for copy changes on signs otherwise in compliance with this Code using interchangeable letters and numbers. (9) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except such flags used in connection with a commercial promotion or as an advertising device. (10) Traditional holiday decorations. (11) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, and street number. (d) Signs Permitted in Residential Zones: (1) Signs identifying home occupations: One sign per use not exceeding four (4) square feet in area. Such sign shall be no closer than ten (10) feet to any property line or shall be flat against the building. No lighting is permitted. (2) Bulletin Boards' Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers, and public, charitable, or institutional uses. Unless otherwise permitted in the zone, such signs shall contain no more than thirty-two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten (10) feet from the street lot line; may be indirectly illUminated; and one such sign shall be permitted for each street frontage. (3) Signs for other permitted and conditional uses' One sign per use not to exceed thirty-two (32) square feet in area for multi-family dwellings, clubs. professional offices, and other similar uses. Such sign shall be no closer than ten (10) feet to any property line or shall be flat against the building. (4) Signs for non-conforming uses' A legal non-conforming use in a residential zone may have one sign per property, unlighted, and no larger than twenty (20) square feet in area. Such signs shall be flat against the building or shall be located no closer than ten (10) feet to any property line. (5) Real estate signs of more than five square feet: Real estate signs advertising the sale or lease of two acres or more, or five or more contiguous lots may be combined into one sign of not more than thirty-two (32) square feet. The display of such signs shall be limited to a period of two years. Prior to the expiration thereof, the applicant may request an extension of not more than one year from the Commission. The sign shall be removed upon the expiration of the two- year period or extension thereof or within two weeks after the sale of the property. A permanent subdivision sign may be placed at one entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty-two (32) square feet. Any illumination shall be by indirect means. S71-10/18/97 Title 14 - 44 CITY OF KENAI (e) Signs Permitted in Commercial and Industrial Zones' (1) All signs permitted by this Code, provided that the square footage of all signs other than wall, marquee, and roof signs shall not exceed a total of 81 square feet per business. Where there is more than one business on a premises, a combined sign for all businesses on that premises shall not exceed 154 square feet. (2) Signs may rotate, but must not exceed the square footage set out above. (3) A permit may be obtained for temporary use of portable changeable letter electric or non-electric signs. The permit shall be valid for display of such signs for a continuous period of no longer than seven (7) days. An applicant shall be limited to two permits during any twelve-month period. Such signs shall comply with all requirements of this Code. (4) Fence signs shall be mounted in a plane parallel to the fence or wall and shall not extend above the top of the fence or wall. (5) Signs may not project beyond the property line. (6) Pennant signs shall not exceed eight (8) square feet for each pennant nor sixteen (16) square feet total per lot. (7) Real estate signs larger than five (5) square feet shall conform to all of the requirements of this Code. (f) Signs permitted in the Townsite Historic District Zone- (Ord. 1726-97) (1) Intent. The intent of the Town_site Historic District Zone sign standards is to enhance, protect, and preserve the distinctive historical character of Kenai's historic district. It is intended that the signs express the special character of the district, a style which relates to the premises, and be of a size that is in scale with the building and streetscape as a whole. (2) Signs identifying home occupations' One sign not exceeding four (4) square feet in area. Such sign shall be no closer than ten (10) feet to any property line. No lighting is permitted. (3) Signs for non-conforming, permitted and conditional uses' One sign of thirty-two (32) square feet per flee-standing building unless the sign is a wall sign in which case it shall not be greater than ten percent (10%) of the area of the wall to which it is connected, attached or painted on, or thirty-two (32) square feet, whichever is less. Lighting shall be by indirect means. (4) Portable, changeable electric or non-electric signs are not permitted. (5) Roof signs are not permitted. (6) Electric signs are not permitted. (g) Signs Permitted in the Conservation Zone: No sign shall be permitted in a conservation zone except signs erected by the City of Kenai. (h) Specific Definitions Pertaining to Signs: (1) Applicant is any for-profit or non-profit enterprise, or organization, or any individual not acting on behalf of such an enterprise or organization. (2) Audio sign_ is a sign that emits a noise or sound, either spoken words, music, or singing. (3) Beacon sign is a light with one or more beams capable of being directed s69-09/01/95 Title 14 - 45 CITY OF KENAI in any direction or directions or capable of being revolved. (4) Bench sign is any sign painted on or attached to a seat, chair, or bench, any of which are visible to the public. (5) Combination sign is a sign incorporating any combination of the features of pole, projecting, and roof signs. (6) Curb lin~ is the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. (7) Display surface is the area made available by the sign structure for the purpose of displaying the advertising message. (8) Electric si~ is any sign containing electrical wiring, but does not include signs illuminated by an exterior light source. (9) Fence sign is a sign displayed upon fences or upon walls that are not an integral part of a building or walls that are used as fences. (10) Fin sig_n is a sign which is supported wholly by a building or partly by poles and partly by a building. (11) Ground sign is a sign which is supported by one or more uprights, poles, or braces in or upon the ground other than a combination sign, fin sign, or pole sign as defined by this Code. (12) Legal setback line is a line established by ordinance beyond which a building may not be built. A legal setback line may be a property line. (13) Marquee is a permanent weatherproof structure attached to and supported by a building and projecting from the wall of the building. (14) Pennant si~ is a sign constructed of flexible material, such as cloth, which moves upon being subjected to pressure by the wind. (15) Pole sig~ is a sign wholly supported by a sign structure in the ground. (16) Political $i~ is a sign promoting a candidate for political office, promoting any political position, opinion, or promoting any position on a ballot proposition. (17) Portable display surface is a display surface temporarily fixed to a standardized advertising structure which is regularly moved from structure to structure at periodic intervals. (18) Portable sign is a sign other than a temporary sign that is not attached to any building or structure. It may readily be moved from one location to another. It is designed to rest on the ground when displayed and may be with or without its own wheels. It may or may not be lighted. (19) Projecting sign_ is a sign other than a wall sign, which projects form and is supported by a wall of a building or structure. (20) Real estate sie~ is a sign advertising the sale, lease or rent of one or more lots or acreage or the improvements thereon by a real estate company or individual licensed by the State of Alaska. (21) Roof sign is a sign erected upon or above a roof or parapet of a building or structure. S69-09/0i'/95 Title 14 - 46 CITY OF KENAI (22) S_igll means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trade marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product which are visible from any public street or highway and used to attract attention. (23) Sign structur~e is a structure which supports or is capable of supporting any sign as defined in this Code. A sign structure may. be a single pole or poles and may or may not be an integral part of a building. (24) Temporary sign is any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, designed to be displayed for a limited period of time only. (2:5) Wall si~ is any sign attached to, painted on, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the said wall. (Orals. 961, 1052) 14.20.221 Penalties: In addition to the penalties by I~MC 14.20.260, signs in violation of this chapter shall be subject to forfeiture. (Ord. 961) 14.20.230 Home Occupations: (a) Intent. It is the intent of this chapter to permit home occupations which are compatible with other permitted uses and with the residential character of a neighborhood, and which are clearly secondary or incidental to the residential use of the main building. Ia general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter. Home occupations are permitted accessory uses in residential zones only so long as all the development requirements listed in this section are observed. (b) Uses Permitted. Subject to the development requirements of this section, home occupations include, but are not limited to. the following uses' (1) Art studio. (2) Day care of no more than eight children under the age 12, including children related to the caregiver. (3) Dressmaking. (4) Millinery. (5) Beauty parlor. (6) Tutoring and musical instruction. (c) Uses Prohibited. (1) Commercial auto and boat repair. (2) Commercial kennels or similar uses. (3) Convalescent homes for the care of more than two patients. (4) Mortuaries. (5) Private schools with organized classes. (6) Real estate office. s69-09/01/95 "-- ---'-- Title 14 - 47 CITY OF KENAI (7) Restaurants. (d) Development Requirements. (1) Not more than one person outside the family shall be employed in the home occupation. (2) No more than thirty (30%) percent of the gross floor area of all buildings on the lot shall be used for the home occupation. (3) The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. (Ords. 925, 1456) 14.20.240 Mobile Hom~: (a) No mobile homes may be installed for use in the City of Kenai for public, commercial, or assembly purposes after the effective date of this ordinance. (b) No mobile home may be stored outside in the City of Kenai in a residential- zoned area after the effective date of this ordinance. (c) Mobile homes for residential use may be established only in mobile home parks as permitted in the Land Use Table. (d) Mobile homes which were installed prior to the effective date of this ordinance in conformance with applicable building code regulations in areas where now prohibited. and used for residential purposes or stored outside may have such use continued indefinitely, except that such trailers shall not be replaced if destroyed or removed. (e) Mobile homes utilized on bona fide construction sites for offices, storage, or other such purposes may be so used anywhere within the City Limits on the construction job they serve, but shall be removed immediately upon completion of said construction. (Orris. 925, 1017, 1155, 1419) 14.20.245 Recreational Vehicle~: (a) Recreational vehicle parks may be allowed by conditional use permit as provided by the Land Use Table. Prior to issuance of a recreational vehicle park conditional use permit, the parks shall meet the following conditions: (1) Adequate utilities for projected or actual use shall be available. (2) The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park. (3) Any and all specific conditions required to comply with Subsections (a)(1) and (2) as determined by the Planning and Zoning Commission shall be met by the applicant. (b) Maintenance of Parks: Recreational vehicle parks are not to become a nuisance to surrounding properties. Recreational vehicle parks shall control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. (c) Revocation of Permit: The conditional use permit may be revoked by the Commission if the conditions set forth in Subsections (a) and (b) above are not maintained. (d) Prohibited use of recreational vehicles' No person may occupy or utilize any S69-09/01/95 Title 14 - 48 CITY OF KENAI B?/1B/gB B0:59'43 Via Fax -> 987 283 3B14 ~C~ IOH C~LL National League of Cities /t.L"I'ION CALL- INT£ T &TAKINGr ;! Issue: The U.S. Senate could begin consideration of legislation to preempt (1) state and local ability io collect essential existing and future sales taxes on transactions made over the Intemet and through mail order catalogues, and (2) mumcipal land use and zcning authority as early as Friday, Suly 10, 1998, in two separate bills. Immediate Action Needed: Ca l mca of your Senators at #202-224-3121 and urge them ~o: I) oppose all ~fforts to adopt any Interact Tax legislation until there has been full comultation with states and local governments as happened in the Home. Tell your Senators you support legislation to offer tax simplification to industry and consumers and, at the same time, would protect bilhons of dollars worth of state and local tax revenues. 2) oppose any effort to cut off or limit debate on any version of the so-called takings legislation, H.R. 1534,that would substantially intrude on local zoning authority. Urge Senate Majority Leader Trent Lott (R-MS) not to bring the bill to the Senate Floor. Internet Background: The 'Intexnet Tax Freedom Act," (S.442) introduced by Senator Ron Wyden (D-Oregon) would preempt the ability of state and local governments to collect erdst~, as well as future taxes on Internet transactions and on-line services. Despite nm-compliance with the Unfunded Federal Maaflates Reform Act, the Senme Commerce Committee adopted this far-reaching, retroactive, preemption of traditional state and local revenue authority. The House last month passed a much more taregted version that would only preempt state and local (but not federal) that are umquely targeted on the Internet. Senate Majority ~ Lott (R-Miss) is trying to clear the way for the Senate to begin consideration late this week of a version which would mandate a 6-year preemption of state and local authority, as well as provide for a commission which would completely exclude Main Street retailers~the commission would include only electrom¢ commerce and direct marketing businesses that want Congress to enact legislation so that they can avoid paying state and local sales taxes. Sen. Lott has provided no information about the costs of the legislation to states and local budgets, or with any analysis about the impact on mare street businesses. Local Impact: The Seine proposal would doom the sales tax forever unless a genuinely nondiscriminatory, easy- to-administer sales tax can be developed and applied .consistently to all industries. The legislation would create a tax haven for some of the nation's largest, fastest growing, mad wealthiest corporations at the expense of local governments, m_a_in street businesses and local taxpayers. The President noted the phenomenal growth of the Interact and electronic commerce. He said that Amazon.eom increased its book sales nearly ten times to 6.5 million books exempt from any state or local sales taxes in 1997. He projected the sale of airline tickets over the Interact will triple this year and reach $5 billion by the year 2000. Each of those Interact ticket sales is subject to the new and significantly increased federal airline ticket tax; however, under the legislation, would be exempt from state and local taxation. The President said he anticipated electrom¢ commerce would increase to $300 billion annually by the year 2002. B?/1B/gB BI:BI: 14 gria l:'~x -> 98? 283 3814 i~C7 IOH Ci~LL For cities and towns, the loss of revenues from the combined preemption of state and local taxes on Intemet transactions, particularly when combined with catalog sales, would be profound. Today, $4 billion of nearly $150 billion in state sales tax collection are lost through mail order catalogue sales. State and local governments depend on existing sales ami excise taxes to generate about 50 percent of total state and local tax revenue. These revenues support a wide range of crucial public services, including police protection, education, community services, and health care. The broad preemption being considered in Congress would seriously erode cities' and states' abilities to provide those services. Moreover, the exp~~ explosive growth of a "m-free" Intemet would place local main street retailers with the same tax base as mail order and Intemet providers at a competitive disadvantage. Takings Background: bm the s . tc seine getting to debate, H.R. 1534, threatens many current town and city land use and zoning processes that safeguard people and property. Congress should not be considering--and certairdy not approving--a federal bill that would allow developers to bypass state courts, curtail the process for local resolution of land use and zoning disputes, and file premature and expensive cases against towns and cities ia federal court.. We anticipate that Sen. Lctt will unveil a so-called "mm~er's amendment" after this debate begins. Some will claim the amendments "fix" all of local governments' concerns. This is NOT TRUE. Were it the case, they would have worked with state and local leaders long before now to protect citizens and businesses at the local level. Local Impact: the "manager's amendment" to H.R. 1534 makes some technical changes to the legislation, but does not address the fimdamemal problems with this unworkable bill, which is the first federal "takings" bill to specifically target local zoning and planning. The changes proposed in the "manager's amendmmt" do nothing to prevent developers from hauling local officials into federal courts to face exp~ive and time-consuming litigation to appeal local land use decisions without even waiting for the local appeal or waiver process to play out. Tell your Senators not to be fooled by the "manager's amendment." Urge them to vote against H.R. 1534. FOR MORE INFORMATION CONTACT: The Center for Policy & Federal Relations Frank Shafroth, Center Director or flarrie Tabin, Senior Legislative Counsel at (202) 626-3020 Entail Shafro~lc. org or Tabin w~nlc, org 217 Second Street, Suite 200 · Juneau, Alaska 99801 · Tel (907)586-1325, Fax (907)463-5481 i i DATE: July 7, 1998 TO: FROM: AML/JIA Participants AML Member Municipalities Alaska School Districts Kevin Ritchie, Executive Director Alaska Municipal League .o. KENAI CITY CL_ni( SUBJECT: Alaska Municipal League Joint Insurance Association Board of Trustees Vacancies In August, the Alaska Municipal League (AML) Board of Directors will appoint or re-appoint four individuals to fill four general vacancies on the Alaska Municipal League Joint Insurance Association, Inc. (AML/JIA) Board of Trustees. If you are interested in serving on the AML/JIA Board, please complete and return the enclosed AML/JIA Board of Trustees Declaration of Interest form. Also, please distribute the enclosed information to others who you think might be interested. Completed forms should be in our offices by July 31, 1998, for proper consideration. The terms of the following AML/JIA Board of Trustee members expire in November 1998' Rick Gifford (Seward); Karl Short (Kodiak); and Mike Scott (Matanuska-Susitna Borough). Karen Head's (Craig City Schools) ad hoc seat also expires and will be refilled by the AML/JIA Board of Trustees. In addition, two members of the AML Board of Directors will be appointed to serve as AML/JIA Trustees. The AML Board will appoint individuals to fill vacancies on the AML/JIA Board, in conformance with the AML/JIA bylaws (enclosed), from those who have applied. Those appointed by the AML Board will attend the September AML/JIA board meeting for orientation, and will take office at the 11a Annual AML/JIA Meeting, scheduled for November 1998, in Fairbanks. As long as members remain eligible to serve, all terms are for two years except the ad hoc position. Others who apply, but are not appointed to the AML/JIA Board, may be considered in the future for standing and ad hoc AML/JIA committees, or to fill unexpected mid-term vacancies on the Board. AML/JIA is a nonprofit corporation formed by the AML under AS 21.76 to provide insurance and risk management services to AML member municipalities and school districts. The AML/JIA began its eleventh year of operation on July 1, 1998. The Board of Trustees directs the professional staff and sets the policy for the organization. Board members should be knowledgeable about municipal/school district operations, insurance, risk management, finance and/or law, and they must be willing to participate actively in order to properly represent the needs of the participants. The AML/JIA Board of Trustees meets at least four times a year and members are reimbursed for approved travel and related expenses. If you are interested in contributing your time and expertise to this AML program, or know someone who is, please review the enclosed information and complete and remm the AML/JIA Board of Trustee Declaration of Interest form by July 31, 1998. Enclosures Member of the National League of Cities and the National Association of Counties ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION, INC. BOARD OF TRUSTEES DECLARATION OF INTEREST FORM Please remm to the Alaska Municipal League by July 31, 1998 Full Name: Title: Municipality/Organization: Number of years: Mailing Address: Phone: (home) (work) Fax: I am interested in serving on the AML/JIA Board of Trustees and request that I be considered for appointmem to the AML/JIA Board. My areas of expertise or special interest are: [ ] MUNICIPAL/SCHOOL OPERATIONS [ ] CLAIMS ADMINISTRATION [ ] UNDERWRITING/COVERAGES [ ]LAW [ ] SAFETY/LOSS CONTROL [ l FINANCE [ ] OTHER (EXPLAIN) I declare that I will serve and participate actively on the Board if appointed. Signature of Applicant' If Applicable: On behalf of the municipality/school district/organization, I am authorized to commit support* of the · above individual's active participation on the Alaska Municipal League Joint Insurance Association Board of Trustees. Name: Authorized Signature: Title' Phone: Previous municipal/school district positions held: (You may attach a resume, if you have one) Number of years: *The AML/JIA reimburses Board members for approved travel and related costs. ALAS~ MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION, INC. BOARD OF TRUSTEES DECLARATION OF INTEREST FORM Experience that is applicable to the AML/JIA or insurance: NOTE- If you are not appointed to the AML/JIA Board of Trustees, are you interested in serving on an AML/JIA committee? [ ] YES [ ] NO Please return this form via fax or mail by July 31, 1998, to' Alaska Municipal League 217 Second St., Suite 200 Juneau, Alaska 99801 Fax: (907) 463-5480 ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION, INC. BOARD OF TRUSTEES Trustee' Exp. Date Rick Gifford, Chair, City of Seward Nov. 1998 Karleton Short, Trustee, Kodiak Island Borough Nov. 1998 Nancy Cannington, Trustee, City of Unalakleet Nov. 1999 Mike Scott, Trustee, Matanuska-Susitna Borough Nov. 1998 Joe Evans, Trustee-at-Large, Anchorage Nov. 1999 Kevin Ritchie, Trustee, AML Executive Director Ex Officio Ken Lancaster, Trustee, AML Board, City of Soidotna*** Nov. 1998 Jerome Selby, Vice-Chair, Kodiak Island Borough*** Nov. 1999 (expiring in 1998 due to a change in form of government) (*** These Trustee positions must be filled by members of the AML Board of Directors) Appointed by the AML/JIA Board of T.rustees- Karen Head, Ad Hoc Trustee, Craig City School District Nov. 1998 Roy Deebel, Treasurer, City of Kodiak AML/JIA Bylaws/reprimed ARTICLE 6- BOARD OF TRUSTEES Section 1 - Function The Association shall be governed by a Board of Trustees. The Trustees shall operate the Association and administer the joint insurance arrangement on behalf of the Participants pursuant to these bylaws and shall be composed of the number of trustees appointed in the manner hereinafter set out, and shall have the functions, powers, and duties hereinafter set forth. Section 2 - Membership (a) An interim Board of Trustees of nine (9) members shall be appointed by the AML Board of Directors to govern the formation of the Association and its operation until the AML Board of Directors appoints the first Board of Trustees in accordance with subsection (b) of this section. (b) The first Board of Trustees shall be appointed by the AML Board of Directors for the following terms: Two members shall serve a one-year term; Three members shall serve a two-year term; Two members shall serve a three-year term. The first appointed Trustees shall meet the qualifications set forth in subsection (c) of this section. After the expiration of the terms of the first Trustees, the successors shall serve for the terms specified in subsection (c). The Executive Director of the AML shall serve as an ex-officio, nonvoting initial Tmstee for a term concurrent with his or her tenure as the AML Executive Director. (c) ARer the expiration of the term of the initial Board of Trustees, the Board of Trustees will consist of seven (7) members appointed by the AML Board of Directors for two-year staggered terms. Each Trustee shall hold office until the annual meeting at which his or her successor is appointed. The Trustees will consist of the following: (l) Two (2) AML Board members; and (2) five (5) individuals, including appointed or elected officials from local public agencies appointed for their expertise in insurance, finance administration, risk management, law, or other areas of expertise deemed appropriate by the AML Board. (d) The Executive Director of the AML shall serve as an ex-officio, nonvoting member of the Board of Trustees for a term concurrent with his or her tenure as the AML Executive Director. (e) Not fewer than four (4) members of the Board of Trustees shall be representatives of Participants. Consideration shall be given to geographic and population distribution when Trustees are appointed. (O Individuals interested in serving on the Board of Trustees must submit a completed application in a form approved by the Trustees not less than ninety (90) days before the annual meeting. CITY OF KEN 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ M emoranClum Date: To.' Froml July 9, 1998 Mayor and Council Richard A. Ross, City Manager City Manager's Report , Juvenile Facility- The site selection committee will consider site proposals for the juvenile facility in August/September. Site size based on discussions of future needs is projected to be in the range of 5+ acres. A potential site previously discussed was addressed in Resolution 90-58, a copy of which is attached. Is the Council interested in using this in a proposal for siting of the juvenile facility? ThiS would involve purchase of the property by the General Fund from the Airport Fund prior to transfer to the State of Alaska. , , U.S. Department of Justice Grant- The Police Department was authorized to apply for a grant for officer funding in the FY00 budget. (The deadline for filing was duly 10, 1998.) If this grant is approved it would provide for $35,000 in funding in FY00, $25,000 in FY01 and $15,000 in FY02. The grant would provide for a patrol officer, first responder position. Based on current and projected growth over the next three years we believe this to be an appropriate grant application. Strategic Planning Committee Central Peninsula Hospital - The Hospital Board referred the health facility issue to the committee. On duly 8, 1998 the committee met and by unanimous vote requested the Hospital Board to proceed with the State of Alaska in facility development. City Manager's Report July 10, 1998 Page 2 of 2 o Crow Court- A report is being prepared on the Crow Court petition for paving. Financing options are being considered. This report will be presented at the second meeting in August. o General Fund Budget Deficit- As you are aware, the FY99 General Fund Budget deficit has been projected at $150,000 - $500,000. Added to this will be approximately $180,000 for the purchase of the Etolin Subdivision land for the health facility from the Airport Land System for transfer to the Borough. The Capital Matching Grants Program will require a $91,000 local match, which will have to be appropriated from General Fund Balance. Pursuit of a juvenile facility (discussed in Item 1) will also result in an expenditure from the General Fund Balance. Airport Development- The new Airport Manager will work with FAA in August on use of Airport funds for the proposed airport development contract. The contract will be brought back before you once that funding source is secured, hopefully in September. This will also give us time to incorporate any comments Council might have, as well as input from the Airport Manager. It is our intent that all issues related to current Airport operations, carriers and vendors will be conducted by the Airport Manager. This would also include working with FAA on use of Municipal Airport Funds, etc. By separating these issues from the consultant's contract for future airport development there should be less opportunity for confusion and problems. Attachments RAR/kh Suggested by: Mayor Williams RESOLUTION NO. 90-58 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, IN SUPPORT OF THE CONSTRUCTION OF AN EDUCATIONAL FACILITY IN THE CITY OF KENAI AND THE RESERVATION OF TEN ACRES OF AIRPORT LANDS FOR THAT PURPOSE. WHEREAS, the City of Kenai is strategically located for an educational facility, and WHEREAS, the City of Kenai owns airport lands suitable for an educational facility, and WHEREAS, this type of facility would not be detrimental to the environment of either the City of Kenai or its airport. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF KENAI, that they support the construction of an educational facility in the City of Kenai and the reservation of ten acres of City airport lands for that purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 1990. ATTEST' Carol Freas, City Clerk HNyL-LIAMS, MAYOR /kb 174 O.K UNIT LOT A-2 LOT A-I PARCEL PENDING TRACT UNIT H-2 .. TRACT B .... , ..... : ....... ", ..... , .... ! i ~,~'"::~:i::-. '" UNIT H-3 ~"" ~'"v""l '::';' ::;~'B'"" i'~:':':' ' '~'~'~':' ........ ~.....:; .. . . ..... . ...... ::.;...2...,~.. : .... ~ .... . .:~. ... · .......... . ..... ~... . ... · ...... ~) . ::... ' ...-.,'- ?:-;?~'-': .~':: . .~.~::.: . .. ~:: . :.. -" ~ ::,~' ~..-.. ':..~.";,:;;~:~;,~:~:~..:~,.:~;;.~..?:.....:'..:..-':~. ...... . ...... _ ~;" ~~ , - - ua ~ ..:::.:..';.;?:-. : ..... ;:::.: ~;~;~:,;:;.~.:?~;~:~'.~:::~?:: ..... '". .... · .... ~:..-., . ' .... ~ "., ~ I:~~'' ~::~:~~m.:~:.~.~:~.~:~:.~...:~.~:.~:~:~:~;~~?~ .- :~:~; .*..:.. , ~r--'..*.. :,~::.. ~.~.:~ .;., ?:..: ...... ; . .... ~,..,...... .:.: .............? . , ;?~;~.:.':: ;.'.":~;~; :~:~;;;'::.;,~-~ ;; ~ :/.::'-'? ~'~':':::: t,.::'::"'~'~::~:~'~'~',~:~ ?'/'-.:" :.?.~ ;: .... t-.,.~..~ ~.: <.,~;r ~..~.~.~,::~.: .: ,-.:': ;.: :~':"!~:-; ' :.t- '. :. '* ..... ' ..... ... ~:. ~ · .. c, ~ :.~;' ':::.:7'~ ':.:;.:;~*:'~.~'~;~;.:~. '...-.::.-.:~.~....~??..:...~.. ......... ... ........... ...... · '"'?-.'- ..... .;/'-?.~':::? ......... '-. ;'i' -:~' ..': ..... ::'?~'~.." .'~".,../.. .~;~;'-'~;~.~:.~:~.::,::.~-r~;~;~::~.' :;.....::,.:~;':::.:.. ::-.:~..:~.: :::::::::::::::::::::::::::::::: .. :.:. . ..:. ;.~:"-:. ..: :: .....: ...;:... ;:.:.. ..... ~ ] "~'" ....... .-.... :.. ..... · ..... :... ...... . -.. ;~:. ',....: ....... ...~,.... '.r~;;...~:?-f. -:::.'" ~~ ............. KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 16 cense _Approval Chiamch~ - Thai House/George and Approved by Consent Agenda. Discussion - Dedication of Adjoining Ten Acres to Fire Training Facility for People Count, Inc. for Educational Facilities. Mayor Williams reported that he had a meeting with the People Count organization. They would like the City to set aside ten acres of property across Marathon Road from the Fire Training Facility forty acres. Their facility is now situated in the Kenai Elementary School Building. The School District is moving toward needing the school again. They moved in their Alternate School program this year and are using a portion of the school now. People Count is requesting the ten acres to be set aside for them on which to build a new facility. They plan to write grants to procure the monies needed to build the facility. They will need to have the property in order to receive the grants. Mayor Williams stated he would ask Council. Councilwoman Monfor stated that the Kenai Mall will be vacant and it is already built. She stated that she is not ready to set aside property for them at this time. There are other options to at which look. Mayor Williams added that he thought it might be a nice addition. The City's share would be approximately $50,000 (the cost of the property). Councilman Walker stated that People Count does a good job for the community. They may be able to offer programs that coincide with the Fire Training and Cold Water Recovery facility. Councilman Measles stated that he would rather lease the land. He would also prefer the City leasing the land to the Fire Training/Cold Water Recovery Facility also. Mayor Williams asked that a resolution be brought before Council to set aside that land for that particular purpose so that People Count can look for funding. Something like that which was set aside for the future use of the Air National Guard. Councilman Smalley agreed with Councilman Measles in that he does not believe that they should give up the title of the land. KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 17 It was decided that Administration should bring a resolution before Council setting aside ten acres of land. Councilman Smalley added that grant programs do not fund if the grantee does not own the property. Public Works Director Kornelis and Finance Director Brown agreed. Also it was discussed that there may be a problems with the City making a large donation to one entity. It was decided that the resolution to be brought to Council should be generic, not naming any specific program, but holding the land in reserve. Disoussion - Dan Hakkinen Bluff Property. Williams reported that he spoke with Mr. Hakkinen regarding the purchasing the bluff property. He stated that he must have the price quoted to him the first time they talked, price now asked is $155,000 which is three times more than th is willing to give. There has been no more discussion at is time. City Manager reported that Mr. Dale Dolifka has approached him in reg to the City's purchase of the Louisa Miller property along t~~bluff. Mr. Dolifka owns the property, but wishes to sell it. T.h~property includes a house and other out buildings. He is askin~in the area of $100,000 for all of it. Mayor Williams is.to tall~l~. Dolifka. H-9. Discussion - Stream~ehabilitation and Fraying ~~a~~SC~~~~nw~lhili~s '~~~~na~~u~~Y~~e coincided with the Hakkinen property'discuss~. Councilwoman Swarner stated that she thinks the C~y should give some thought to planting grass along the bluffs and~treams to stop the erosion. ~ H-10. Approval - Rate Changes at City Dock. ~ City Manager Brighton stated that the rate changes reflect wh~ is happening in the oil and gas market. · ' CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM To: From: Date: RE' Mayor John J. Williams and City ,Council Members Richard A. Ross, City Manager ~ July 10, 1998 Mayor's Retirement Compensation At the July 1, 1998 Council meeting, the Council discussed the issue that Mayor Williams has been prohibited from participating in the elected official PERS program by statute because of having been in a PERS RIP program from his previous employer. For him to participate would have resulted in heavy financial penalties from the PERS system. It would also have resulted in discontinuance of his PERS benefits for the last twelve years, though ultimately he would have benefited from accrual of years. Attached is a reporting of savings to the City over the last twelve years, as well as the projected savings if the proposed pay ordinance is passed, based on the Mayor's non-participation. At the last Council meeting, the AdministratiOn was directed to prepare an ordinance for retirement compensation for the Mayor based on $1,000 a month contribution to either the deferred compensation (457) plan or the 401 plan of the City. This ordinance is not before you for the following reasons: The City's 457 deferred compensation program requires that all contributions be made from the employee's salary. The maximum contribution an employee can make from their salary is 25%, not to exceed $8,000 per annum. The City cannot contribute to this plan on behalf of an employee. . The City's 40lA plan was implemented in lieu of social security. The City presently contributes 4% of an employee's salary to this plan, not to exceed $1,500 per annum. The rate of contribution could be increased to as high as 25% in the case of the Mayor, which would result in a $1,500 per annum contribution at the present salary and a $3,000 per annum contribution if the proposed salary ordinance is adopted. It is clear from the above information that the 457 program does not apply. Even if the City amended its 40lA plan to the maximum 25% contribution rate, it would not allow for the monthly contribution discussed. Beginning Date Rate Annual Pay Contribution 7/1/86 7.18% 1500 107.70 7/1/87 5.40% 6000 324.00 7/1/88 5.40% 6000 324.00 7/1/89 0.00% 6000 - 7/1/90 3.70% 6000 222.00 7/1/91 3.73% 6000 223.80 7/1/92 0.00% 6000 - 7/1/93 3.91% 6000 234.60 7/1/94 4.77% 6000 286.20 7/1/95 1.03% 6000 61.80 7/1/96 6.03% 6000 361.80 7/1/97 2.98% 6000 178.80 7/1/98 4.40% 1500 66.00 Subtotal to 10/1/98 2,390.70 1011/98 4.40% 9000 396.00 7/1199 5.43% 12000 651.60 7/1/00 6.50% 12000 780.00 711/01 7.50% 3000 225.00 Subtotal to 10/1/01 2,052.60 Total 4,443.30 1997- 1998- Receipts " '::' Totd.. j 083,381,931 Total Daily Av~mlse Pm, ktnf..ReeeiplB for 36~ da~ = Not~: Pay parkin~ flgum from J.ly 1, l~r/'. June 30,1~8 FY t'/'/~8~ i Kenai Municipal Airport --") 1,617 · 16% JUNE 1998 10,114 84% 8,497 Month ERA .... : YUTE Monthly Totals Jan 6,664 1,266 493 8,423 Feb 6,073 1,379 68 7,520 Mar 7,151 1,474 0 8,625 Apr 6,600 1,330 0 7,930 May 7,060 1,540 0 8,600 Jun 8,497 1,617 0 10,114 Jul 0 0 Aug 0 0 Sep 0 0 Oct 0 0 Nov 0 0 Dec 0 0 Totals 42,045 ..' .. '~. '~:~ ~, I 51,212 ~*~ !NOTE: Yute started service May 24, 1997 Yute ends service February 7, 1998 KENAI CITY COUNCIL MEETING JULY 15, 199 8 INFORMATION ITEMS , 7/1/98 Kenai City Council Meeting "To Do" List. , City of Kenai Preservation Plan/1998 , 6/98 Kenai Fire Department Consolidated Monthly Report. . 1998 Games of Chance ga Contests of Skill Permit Application - Hospice of Homer. . 7/1/98 Kenai River Festival '98 thank-you letter. . 7/7/98 Anchorage Daily News article entitled, Follow rules, make Kenai dipnetting a success. o 7 / 8 / 98 Public Works Department Project Status Report. KENAI CITY COUNCIL MEETING JULY 1, 1998 "TO DO" LIST CLF Forward a copy of Resolution No. 98-45 (areawide elasing) to the interested parties. Send notices of Board of Adjustement hearing to those writing letters to P&Z but not spealdng at P&Z meetings, as well as those normally noticed. Remove Challenger Board from the agenda form. LSlCRG - RRt Remove Maloney from the vendor "Maloney & Haggart' as the name changed and should refer only to Haggart. Include two separate resolutions on the next meeting agenda: one designating the airport terminal as smoke free and the second to designate a ventilated smoking area near the terminal entrance. Prepare ordinance (for inclusion in next meeting packet) to increase the pay of Mayor to $1,000/month and Council Members to $500 / month. Prepare ordinance for retirement compensation for mayor (to become effective July 1, 1999). Discuss city's concerns regarding Public Health Center/Hospital facility with Health & Social Services. Inform them the city will work with them in developing an RFP for construction of the facility if the process is delayed. CITY OF KENAI PLANNING AND ZONING COMMISSION KENAI, ALASKA RESOLUTION NO. PZ 98-30 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMEND~G THAT THE KENAI CITY COUNCIL APPROVE THE HISTORIC PRESERVATION PLAN FOR THE CITY OF KENAI. WHEREAS, KMC 14.20.105(9) requires that the Historic District Board develop a local historical preservation plan that is compatible with the Alaska State Historic Preservation Plan; and, WHEREAS, The Historic District Board held work sessions and used meeting time during the past three years drafting a preservation plan; and, WHEREAS, The Historic District Board recommends that the Historic Preservation Plan be accepted. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommends that the Kenai City Council accept the Historic Preservation Plan as submitted by the Historic District Board. Dated at Kenai, Alaska this 24th day of June, 1998. CHAIRPERSON ATTEST: Planning Secretary City of Kenai PRESERVATZON PLAN · ..-:. ~. ..~.:.: ........... ::: :. ~..:,~ :.:¢::;: ~;~, .::;~::~ . ' ::~':' ~ . ""~::~~'~ :~ ""* f: ::':~:::~'~:~::::~s~ .. · ..... · . ~ -' ,~ ::~ :."?' :::::::::::::::::::::::::::::::::::::::: ....................... :::::::::::::::::::::::::::::::::::::: ....... ..,::.. .... .:..-.,.: ......... , ....:::::::::::::::::::::::::::::::::: ........ ::::::::::::::::::::::::::: ...;:~' . - ::::~ ..:. -,:;. ¢~ -~ ~?~:.:.~:~.:;:.~:~:::::.:~,:, . -:: ~..-..: ::'~'.: .:;' ': :..'.: :~:: :::::::::::::::::::::: .. '. .. . - . .::::- ..... -.::~ .¢,'~;~:~f~:~i~..;..::f--:.~ . ..: .. %:~... ~ ~ ".¢::'.;~::.¢::::-~ ...:~:::~:~4~:¢:~?~ ......... .:......::~:..::.:.::.:~. :. ~: .. ...:.:::.~: ::::::::::::::::::::::::::::::::::::::'" ..... :: · · .. ':::;:,..:. · .¢ _ _ _ ~_ ~..~:~, .<:.~;¢,~ ........ :~:~:::~ ,;~ .... ~ ¢: ....... =============================================== ..;.....:.:. ::.....:~.:.: ~:.:. :.'::. ..... ;::::~:::::<.~* :::-:::: :~;~:~ .......... .:~:~~~,~::~:.~.:,~:;:: ..'. · ..... . ..... : " ' .:.':.:~::4~:~:~:~:;~~~¢~ .: :¢~..::.~:[ ...................... :;: ~:5:'::'::::::::.': .;':.::¢f'::!:-:'::~:~ ...... ~ ...:.: :>:~ :::::::::::::::::::::::::::: ::.~ · ....f~f:;~ ..... ' ... :'. · ' '.:.:':::~:~::.:::::::~f,¢~:;:~::~::.::¢'~.:::.~] ...... ...~.~...,,:.'~ ..' ~:~I~'..~:~:~:::::~::::: :.':.::'.:.~4:~:~:[~.,~.,. ................... ::;.- ~;:¢ :..:..:..: ........... ...~:.: ::.... ======================================================================:~`~:~ ..................... :::::::::::::::::::::::::::::::::::::: ..-:....::.::..:...' .... .:. ::::::::::::::::::::::::::::::: :..:' :::.'":::..:.~.. ...... :;::$:f~'"':<'~;~;::;:;:;~g'"'.::~:'5.;::..:~ '~ Prepared by: The Historic District Board- 1998 FOREWORD The City of Kenai's Preservation Plan has been an ongoing project of the Historic District Board since its inception. Throughout the process, the Board realized that the Preservation Plan would be a continuously changing document that may require addendums or updates. It should be noted that a large section of the Preservation Plan refers to the "Kenai Townsite Historic District Survey Report" that was published in July of 1996 by Preservation North. This document contains a wealth of information about the Townsite Historic District and its history. Copies of this document are available for review at the City of Kenai Public Library, the Kenai Visitors and Convention Bureau, and City of Kenai administrative offices. An appendix to the Preservation Plan is planned which will include items such as local resources, books, educational resources, etc. The Historic District Board hopes this document will provide valuable information on the City of Kenai's preservation efforts, both past, present, and furore. CITY OF KENAI PRESERVATION PLAN TABLE OF CONTENTS 1. Mission Statement. 2. Description of the historic character of Kenai from prehistory to the present. 3. Summary, of past preservation efforts. 4. Survey of historic resources in Kenai. 5. Archaeological and historic context of Kenai. 6. Historic buildings and sites already identified. 7. Procedure for nomination for future historic sites. 8. Legal Ordinance with map and zoning and design guidelines. 9. Historic preservation education for the community. 10. Development recommendations. 11. Historic Board Membership. i2. Statement of public sector's responsibilities toward city-owned historic resources (such as parks, streets, public buildings, etc.). 13. Procedure for annual review and furore planning. City of Kenai Historic District Board Preservation Plan Page 1 of 9 1. MISSION STATEMENT: The purpose of the Kenai Historic District Board is to bring attention to the cultural and historical features unique to the City of Kenai. In keeping with the purpose the Board shall' Make specific recommendations to the Planning & Zoning Commission relating matters of historical and cultural concern, nominations of historic places for the National Register, and protection of archeological resources. Enhance public knowledge about the City of Kenai's history. This will include knowledge of its indigenous people, environmental setting, architecture, resources, and also its place in national and world affairs. These elements are not exhaustive of the Board's potential. Disseminate knowledge through signage, brochures, maps, or whatever mediums necessary and approved by the City of Kenai and the State Historic Preservation Office. Review community improvements and make suggestions where historical and cultural impact can be expressed. Present a balanced interpretation of places and events. Stay within policy regarding Boards, Commissions, and Committees as dictated by Ordinance KMC 14.20.105. Townsite Historic (TSH) Zoning District. e DESCRIPTION OF THE HISTORIC CHARACTER OF KENAI FROM PREHISTORY TO PRESENT: The prehistory and recorded history of Kenai dates some 10,000 years beginning with the Riverine Kachemak people about 8,000 B.C. An Athabaskan culture, the Dena'ina displaced the Riverine Kachemak people about 1,000 A.D. The first white contact came when Captain James Cook mapped the body of water named after him: Cook Inlet in 1791. During the same decade, the Russian fur trade expanded its operation to the Kenai Peninsula and the Russian Orthodox Church began to baptize the native people into Christianity. City of Kenai Historic District Board Preservation Plan Page 2 of 9 The purchase of Alaska by the United States in 1867 marked another milestone for Kenai, followed by its Early Community Building Era from 1898-1925. The Kenaitze subsistence lifeway overlapped several of those same years running from the turn of the century through World War II. Postwar community growth naturally followed, including the discovery of oil in 1957. Alaska became the 49~ state in 1959, and one year later, the City of Kenai became officially incorporated. (For complete details see pages 11-50 of the "Kenai Townsite Historic District Survey Report. ") 3. SUMMARY OF PAST PRESERVATION EFFORTS: The City of Kenai and the Kenai Historical Society are largely responsible for past preservation efforts beginning with the memorial to Fort Kenai constructed in 1967. The members of the historical society managed the operation of the museum at Fort Kenay for the following ten years, and through their dedicated efforts, successfully restored St. Nicholas Chapel and four cabins in the Old Town area. The City of Kenai established the Kenai Townsite Historic District by adopting an ordinance in 1993. In 1995, the City of Kenai appointed a Townsite Historic District Board as a step toward a formal preservation program and was granted Certified Local Government (CLG) stares by the Alaska State Office of History and Archaeology. (For complete details see pages 47-49 of the "Kenai Townsite Historic District Survey Report. ") 4. SURVEY OF HISTORIC RESOURCES IN KENAI: As the recipient of a 1995 Certified Local Government Grant, the City of Kenai's Historic District Board contracted with a historian and an architect (Preservation North) to survey the buildings, structures, objects, and sites within the boundaries of the Townsite Historic District. Published in 1996, this report documents in detail the thirty-four properties along with information on ten properties adjacent to the district boundaries. Using the criteria of the National Register of Historic Places, the survey report has provided both the City of Kenai and the State Office of History and Archaeology with the baseline information necessary for historic preservation planning. City of Kenai Historic District Board Preservation Plan Page 3 of 9 (Refer to the "Kenai Townsite Historic District Survey Report" for complete details.) 5. ARCHAEOLOGICAL AND HISTORIC CONTEXT OF KENAI: Although several archaeological studies have been conducted at Dena' ina village sites, few artifacts have been uncovered due to the Dena'ina belief that all natural resources be returned to the earth or sea from which they originated. Nineteenth century journals and letters of European and Russian explorers have provided primary sources of information describing the lifestyle of the inhabitants. (See pages 11-49 of the "Kenai Townsite Historic District Survey Report"for complete details.) 6. HISTORIC BUILDINGS AND SITES ALREADY IDENTIFIED: The thirty-four buildings and ten adjacent sites in the Townsite Historic District have been documented with a short history, a basic description with tables, maps, historic photographs and current photographs. Arranged by the historic themes and general non-historic categories, the survey evaluates each property according to the National Historic Register guidelines. These properties are now on file ~vith the Alaska Heritage Resources Survey (AHRS). See pages 56-154 of the "Kenai Townsite Historic District Survey Report." 7. PROCEDURE FOR NOMINATION FOR FUTURE HISTORIC SITES: Individual property owners may choose to nominate their property and/or buildings to the National Register of Historic Places. The Historic District Board is willing to assist property owners in preparing for the required local review. After the local review, the nomination is forwarded to the State Office of History & Archaeology. Attachment A, "The National Register of Historic Places Nomination Process" and Attachment B, "National Register of Historic Places Rights of Owners to Comment and/or To Object to Listing" provides detailed information on the nomination process. In addition, see pages 183 through 185 of the "KENAI TOWNSITE HISTORIC DISTRICT SURVEY REPORT." The following materials are available for review at the City of Kenai Planning and Zoning Department to assist in the nomination process' "Kenai Townsite Historic District Survey Report", Preservation North, July 1996 City of Kenai Historic District Board Preservation Plan Page 4 of 9 "! 6A - National Register Bulletin; How to Complete the National Register Registration Form" The following nomination forms may be obtained from the City of Kenai, Planning & zoning Department or at the World Wide Web at http://www, cr.nps.gov/nr/nrhome.html: · NPS Form 10-900: National Register of Historic Places Registration Form NPS Form 10-900a: National Register of Historic Places Continuation Form 8. LEGAL ORDINANCE WITH MAPS, ZONING, AND DESIGN GUIDELINES: Title 14.20.105 of the Kenai Municipal Code, which is the legal ordinance outlining the Historic District Board's duties and responsibilities, is attached as Attachment C. In addition, Attachment D (Land Use Table) and E (Development Requirements Table) are provided which specify allowed uses in the TSH zone and development requirements. See Attachment F for the Townsite Historic District map. 9. HISTORIC PRESERVATION EDUCATION FOR THE COMMUNITY: The Historic District Board is charged with educating the community about its cultural resources. The following historic themes represent current and furore education projects. Dena'ina Building Tradition: A.D. 1000-1890 Russian Exploration and Fur Trade' 1741-1866- The Russian Orthodox Church: 1841-1906 (Extant properties, 1881-1906) United States Purchase of Alaska, 1867: Fort Kenay, 1869-1870 Early Community Building Era: 1889-1925 Kenaitze Subsistence' 1900 - 1941 Federal Programs for Agriculture and Sustainable Resource Management' 1898-1958 (Extant properties, 1935-1958) Post War Community GrOwth· 1948-1958 Post Statehood Development: 1959 - 1996 The appendix of this document will contain educational materials as they are developed. 10. DEVELOPMENT RECOMMENDATIONS. The historic district must be an alive, inviting, and active place to assure historic preservation. Development of the Townsite Historic District (TSH) should be promoted to assist in this historic preservation. Well-planned development can spur the economics and interest that CiW of Kenai Historic District Board Preservation Plan Page 5 of 9 promote action. The City and its citizens are in the best position to kindle that development by encouraging and supporting the following concepts' Implementing a master plan for TSH that has among its goals and objectives historic exhibits. This may require land swaps of City property to obtain parcels of land to accommodate the master plan. Providing more greenbelt common areas with developed connecting pathways, preferably along view areas. Consider providing tax incentives to develop economic enterprises in TSH. Continuing the upgrade of streets with street signs and lighting of uniform design to provide more visual unity in the district. Continuing participation with the Visitor's Center in developing and publicizing the walking tour and specific exhibits in the Center. Enforcing the Townsite Historic District Zoning ordinance to assure buildings, signage and other improvements are in keeping with a historic setting. Continuing to landscape the City properties by keeping the area litter free and well groomed. 11. HISTORIC BOARD MEMBERSHIP' Membership guidelines are specified in KMC 14.20.105 that is contained in Section 8. Specifically refer to KMC 14.20.105(b)(1)(2). See Attachment G, Historic District Board Membership roster. 12. STATEMENT OF PUBLIC SECTOR'S RESPONSIBILITIES TOWARD CITY- OWNED HISTORIC RESOURCES (SUCH AS PARKS, STREETS, PUBLIC BUILDINGS, ETC.) In order to foster strong community relationships and strengthen historic preservation, the Historic District Board adopts Goals 2 and 4 of the Alaska State Preservation Plan which specifies the following' Support and strengthen local historic preservation efforts. City of Kenai Page 6 of 9 Historic District Board Preservation Plan Encourage Alaska Natives to identify concerns and develop strategies to protect their cultural resources. Encourage nonprofit statewide organizations, including the Alaska Anthropological Association, Alaska Association of Historic Preservation, Alaska Historical Society, Keepers of the Treasures ~ Alaska, and Museums Alaska to promote historic preservation. Foster stewardship of cultural resources by public agencies and private individuals and groups. Use emerging technologies to improve communication among organizations and individuals interested in historic preservation. Review development projects to protect cultural resources. Review emergency response laws and plans so that cultural resources receive maximum protection in the event of a disaster. Promote the role of local preservation programs in efforts to maintain and enhance a community's character. Promote incorporation of preservation issues in plans. 13. PROCEDURE FOR ANNUAL REVIEW AND FUTURE PLANNING' It is the duty of the Townsite Historic Board to annually review the survey of historic properties in order to include any new information that may have arisen in regard to the accuracy of each historical site. Therefore. at the end of each calendar year, the Townsite Historic Board shall schedule a review of the Townsite Historic Survey and submit corrected information to the State Office of History and Archaeology. Additionally, the Townsite Historic Board will conduct an annual review of its goals and objectives. The Board will evaluate the goals and objectives of the current calendar year as required documentation for the Certified Local Government Annual Report to the State Office of History and Archaeology. This report shall also serve as an annual report to the Kenai City Council. After having reviewed the past year's goals and objectives, the Board shall formulate a new list of goals and objectives for the coming calendar year. This will fulfill its duty to "enhance and City of Kenai Historic District Board Preservation Plan Page 7 of 9 identify the City of Kenai's heritage in a manner that promotes civic pride and to foster an awareness of where we as people have evolved." City of Kenai Historic District Board Preservation Plan Page 8 of 9 ATTACHMENTS A. The National Register of Historic Places Nomination Process B. National Register of Historic Places - Rights of Owners to Comment and/or to Object to Listing C. KMC 14.20.105 - Townsite Historic (TSH) Zoning District D. Land Use Table with Footnotes E. Development Requirements Table F. City of Kenai Townsite Historic District Map G. City of Kenai Historic District Board Membership Roster City of Kenai Historic District Board Preservation Plan Page 9 of 9 Attachment A Office of History & Archaeology Alaska Division of Parks & Outdoor Recreation 3601 C St.. Suite 1278 Anchorage, AK 99503-$921 (907} 269-8721 . ge o THE NATIONAL REGISTER OF HISTORIC PLACES NOMINATION PROCESS Owner or consultant submits to the Office of History and Archaeology (OHA) completed: a. nomination form b. black & white photographs with no labels or markings in ink on them (front or back) c. site plan If the property is within one of OHA's certified Local Governments, the CLG' preservation commission reviews the nomination: a. solicits comments on the nomination b. finds nomination eligible for the register and forwards voting record and comments to OHA requests more information and forwards voting record and comments to OHA determines the property not eligible for the register and forwards voting record and comments to OHA Office of History & Archaeology (State Historic Preservation Office) reviews nomination, particularly for: completeness physical description period of sigmficance level of significance statement of sigmficance historic context special criteria considerations relation to the Alaska Historic Preservation Plan Thirty days prior to the Alaska Historical Commission (state review board) meeting' a. owner advised of meeting and given opportumty to review and comment on nomination b. appropriate local government officials given opportunity to comment on nomination Se Alaska Historical Commission (meets three times a year) reviews nomination: a. recommends it be forwarded to the Keeper of the National Register b. tables it for additional study c. determines the property is not eligible for the register Page 2 o o ge [3/18/97] Owner is advised of the committee's action: a. concurs b. disagrees and appeals decision to Keeper of the National Register State Historic Preservation Officer: a. reviews final nomination package b. signs nomination Nomination is sent to the Keeper of the National Register, National Park Service, Washington, D.C. for final review. The Keeper has 45 days to' a. determine the property eligible and list in register b. request additional information from the Office of History & Archaeology c. determine the property not eligible for the register Attachment B Office of History & Archaeology Alaska Division of Parks & Outdoor Recreation 3601 C St.. Suite 1278 Anchorage, AK 99503-5921 (907) 269-8721 NATIONAL REGISTER OF HISTORIC PLACES RIGHTS OF OWNERS TO COMMENT AND/OR TO OBJECT TO LISTING Owners of private properties nominated to the National Register of Historic Places have an opportumty to concur with or object to listing in accord with the National Historic Preservation Act and 36 CFR 60. Any owner or partial owner of private property who chooses to object to listing may submit, to the State Historic Preservation Officer, a notarized statement certifying that the party is the sole or partial owner of the private property and objects to the listing. Each owner or partial owner of private property has one vote regardless of the portion of the property that the party owns. If a majority of private property owners object, a property will not be listed. However, the State Historic Preservation Officer shall submit the nomination to the Keeper of the National Register of Historic Places for a determination of eligibility of the property for listing in the National Register. If the property is then determined eligible for listing, although not formally listed, federal agencies will be required to allow the Advisory Council on Historic Preservation an opportunity to comment before the agency may fund, license, or assist a project which will affect the property ' If you choose to object to the listing of your property, the notarized objection must be submitted within thirty (30) days of receipt of this letter to: Judith E. Bittner, State Historic Preservation Officer Office of History and Archaeology Alaska Division of Parks and Outdoor Recreation 3601 C St., Suite 1278 Anchorage, Alaska 99503-5921 If you wish to comment on the nomination of the property to the National Register, please send your comments to the State Historic Preservation Office within thirty (30) days of receipt of this letter. Additional information on the National Register and the federal tax provisions is available from the above address upon request. [6/19/95] Office of History & Archaeology Alaska Division of Parks & Outdoor Recreation 3601 C St.. Suim 1278 Anchorage. AK 99503-5921 (907) 269-8721 RESULTS OF LISTING IN THE NATIONAL REGISTER OF HISTORIC PLACES Eligibility for federal tax provisions: If a property is listed in the National Register certain federal tax provisions may apply. The Tax Reform Act of 1986 revised the historic preservation tax incentives authorized by Congress in the Tax Reform Acts of 1984 and 1976, the Revenue Act of 1978, the Tax Treatment Extension Act of 1980, and the Economic Recovery Tax Act of 1981. The new act maintains a certified rehabilitation investment tax credit (ITC) for rehabilitating historic commercial, industrial, and rental residential buildings. The current 20% ITC has a full adjustment to basis. For commercial buildings built before 1936, there is a 10% ITC for rehabilitation. Because tax aspects are complex, individuals should consult legal counsel or the appropriate local Internal Revenue Service office for assistance. For further information on certification requirements, please refer to 36 CFR 67. Consideration in planning for federal, federally licensed, and federally assisted projects: Section 106 of the National Historic Preservation Act of 1966 requires that federal agencies allow for the Advisory Council on Historic Preservation to have an opportunity, to comment on all projects affecting historic properties listed in the National Register. For further information please refer to 36 CFR 800. Consideration in issuing a surface coal mining permit: In accordance with the Surface Mining and Control Act of 1977, there must be consideration of historic values in the decision to issue a surface coal mining permit where coal is located. For further information, please refer to 30 CFR 700 et seq. Qualification for federal grants for historic preservation when funds are available' Presently, funding is unavailable. [ I 1/7/95] Attachment C KENAI MUNICIPAL CODE TITLE KMC 14.20.105 14.20.105 Townsite Historic (TSH) Zoning District' (a) Intent. The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development, reconstruction and alterations within the zone. The intent of the Townsite Historic Review Board is to enhance and identify the city of Kenai's heritage, to present this heritage in a manner that promotes civic pride, and to foster an awareness of where we as a people have evolved. (b) Historic District Board. A historic district Board will be established to regulate development within the TSH zone. The following provisions will govern the Board's activities through the State of Alaska Certified Local Government Program' (1) The Board will consist of a minimum of seven members with a demonstrated interest, competence, or knowledge in historic preservation, appointed for terms of not less than three years. A majority, plus one member must be residents of the City of Kenai. (2) To the extent available, three Board members shall be professionals, as defined by National Park Service regulations, from the disciplines of history, architecture or architectural history, and archeology. (3) The Board will meet twice each year or as necessary and conduct business in accordance with the Open Meeting Laws of Alaska. This includes public notification of meeting place, time and agendas. (4) Written minutes of each Board meeting will be prepared and made available for public inspection. (c) Historic District Board Duties: (1) The Board shall make recommendations to the Kenai Planning and Zoning Commission as to the area of the city to be included within the zone and any adjustments to the boundaries in the future. (2) The Board shall review zoning requirements and review all proposed changes to the zoning law within the TSH Zoning District. (3) The Board shall schedule a minimum of two meetings annually and special meetings as requested by the Planning Department to review proposed building permit applications within the zone or other business considered necessary by the Planning Department. (4) The Board shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey shall be compatible with the Alaska Heritage Resources Survey and able to be readily integrated into statewide comprehensive historic preservation planning and other planning processes. Survey and inventory documents shall be maintained to protect the site location(s) from possible vandalism. The survey shall be updated annually. (Ord. 1636-95) (5) The Board shall review and comment to the State Historic Preservation Officer on all proposed National Register nominations for properties within the boundaries of the City. When the TSH Board considers a National Register KMC 14.20.105 Page 2 nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the Board, the Board will seek expertise in this area before rendering a decision. (6) The Board shall act in an advisory role to other officials and departments of local government regarding the identification and protection of local historic and archaeological resources. (7) The Board shall work toward the continuing education of citizens regarding historic preservation and the community's history. (8) The Board will review all building permit applications as well as all exterior architectural alterations and demolition within the designated zone. The Board's responsibility will be to provide it's recommendation for approval, denial or modification to the Planning and Zoning Commission. The guidelines to be followed by the Board will be designed to preserve the character which typify development in the zone and provide the basis for preserving the historical character of the zone. Applications must be accompanied by a schematic drawing of proposed changes within the zone. (9) The Board shall develop a local historical preservation plan that will be compatible with the Alaska State Historic Preservation Plan and produce information that is compatible with the Alaska Heritage Resource Survey. (d) Application' An application requiring review in TSH Zoning District shall be filed with the Planning Department. The TSH zoning district, as located within the bounds shown on the City of Kenai Official Zoning Map. The application shall contain: (1) One reproducible copy of the application signed by the applicant and, if leasing the premises, co-signed by the owner indicating type or nature of business. (2) Current color photographs of the site and of any existing structures representing both the overall condition of structures and accurately portraying materials and color. (3) Reproducible schematic plans of the proposed construction sufficient to show building size and layout, exterior elevations, proposed materials and colors. (4) A landscaping and site plan complying with KMC 14.25 and the development criteria of this chapter drawn to scale showing the existing structure and all proposed alterations and additions in relation to the site. (e) DeveloPment Criteria. The development criteria is intended to provide for a district in which residential and business enterprises cohabit-habitat as a desirable and compatible use. All proposed construction, renovation, demolition, or alteration shall' (1) Encourage, whenever possible and compatible with historic character of the TSH zone, foot traffic; restaurants, gift shops, parks, etc.; indigenous Kenai Peninsula flora; wooden structures including log style with soft colored or natural sidings. (2) Discourage uses which will violate the historic and scenic quality of the TSH zone; buildings and building additions that are not compatible with adjacent buildings or which violate the existing character and scale of the district. (3) Specific structures and activities which will not be allowed, but are not KMC 14.20.105 Page 3 limited to: (a) Buildings with "modem design style of architecture" that have no historical correlation with the district; (b) Multiple family residences (excluding duplexes); (c) Gas stations; (d) Auto repair shops; (e) Rental storage of any kind; (f) Kennels or similar uses; (g) Livestock, Stables, Commercial horseback riding; (h) Auto body and paint shops; (4) Commercial buildings are limited to a total area of no more 5,000 square feet per story. Any individual unit within the structure may be of no more than 2,500 square feet, except that the Commission may allow a larger individual unit if it is determined to be compatible with the zone. (5) Metal-sided buildings may be allowed if the Commission determines they are compatible with the zone. (f) Criteria for determining acceptable use shall include, but not be limited to the following: (1) All alterations to existing structures should be performed so as to preserve the historical and architectural character of the TSH zoning district. (2) The distinguishing original qualities or character of a building, structure, or site in its environment shall not be destroyed. The removal or alteration of any historic material or destruction of architectural features cannot be done without approval. (3) Changes which may have taken place in the course of time are evidence of the histo~ and development of a building, structure, or site, and its environment. These changes may have acquired significance of their own, which should be recognized and respected. (4) Landscaping requirements according to City of Kenai as required by KMC 14.25. (5) All exterior construction must be completed within a year of date of approval. (g) Existing structures: All structures existing prior to the enactment of this ordinance will be allowed to continue in their present form and use. In the event of loss of the existing structure due to demolition, fire or natural causes, the structure may be rebuilt with the following requirements' (1) The structure to be rebuilt must conform to the previously existing structure in terms of size, shape and location unless the Commission determines the new structure is more compatible with the intent of the TSH zone. (2) The use of the new structure must be the same as the use of the previous structure. (3) Application for reconstruction of the structure must be made to the Planning Department within one year of the date of loss due to demolition or damage. KMC 14.20.105 Page 4 (4) Reconstruction of the structure must be complete within two years of the date of the loss due to demolition or damage. (5) If applicant wants to rebuild, other than a pre-existing structure, the existing structure provisions as stated above are not applicable. (h) Criteria for designation of landmarks to be included in the TSH' (1) Its age - approximately fifty years old. (2) Its character, interest or value as part of the development, heritage, or cultural characteristics of the city of Kenai. (3) Its location as the site of a significant historic event. (4) Its identification with a person or persons who significantly contributed to the culture and development of the city of Kenai. (5) Its distinguishing characteristics of an architectural type. (6) Its relationship to other distinctive areas that are eligible tbr preservation according to a historical, cultural, or architectural criteria. (i) Uses. (1) Principal Permitted Uses as allowed in Land Use Table. (2) Conditional Uses' As allowed in the Land Use Table and subject to the provision of this chapter. 1. Such uses must be similar to principal uses permitted in the zone. 2. Such uses must be in harmony with the intent of the zone. (j) Revie~v process. Upon submittal of an application, the Planning Department shall schedule the application for review by the TSH Zoning District Review Board at the following appropriate meeting. The Board shall make a recommendation regarding the permit application to the Planning and Zoning Commission. The Board's recommendation shall be based upon the development criteria in this section and all other pertinent provisions of the Kenai Municipal Code. (k) Signs. Signs shall be as allowed as set forth in KMC 14.20.220(f). (Ord. 1727-96) (I) Penalties. Penalties for non-compliance with this Chapter shall be as set forth by KMC 14.20.260. (m) Definitions. 1. Alteration-Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure which requires a building permit. 2. Construction-The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property which requires a building permit. 3. Demolition-Any act or process that destroys in part or in whole a landmark or a structure within a historic district. KMC 14.20.105 Page 5 , 9. 10. 11. rebuilding). 12. 4. Certified Local Government-A local government "that has been certified to carry out the purposes of section 10 l(b) of the National Historic Preservation Act." (Ord. 1637-95) 5. Historic District-An area designated as a "historic district" by ordinance of the City Council, which contains within definable geographic boundaries, one or more landmark and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district. 6. Historic Preservation-The act of adopting regulations and restrictions for the protection and preservation of places and areas of historical and cultural importance to the Kenai. 7. Landmark-A property or structure designated as a "landmark" .by ordinance of the City Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the city of Kenai. New Development-Any development which requires a building permit. Reconstruction-The action of returning a structure to original state. Relocation-Any relocation of a structure on its site or to another site. Renovation-To restore to a former better state (as by repairing or Site plan-Schematic drawing cOmplying with the development criteria of this chapter and drawn to scale showing proposed structure in relation to the site. (Ord. 1133, 1527-93, 1567-93) KEY: P --.Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted LAND USE TABLE Table 1 of 3 Attachment D NOTE: Reference footnotes on following pages for additional restrictions. ZONING DISTRICTS LAND USES RESIDENTIAL One Family Dwelling Two/Three Family Dwelling Four Family Dwelling Five/Six Family Dwelling Seven or More Family Dwelling Townhouses 4 Mobile Home Parks 6 Planned Unit Residential Development 7 COMMERCIAL Automotive Sales Automotive Service Stations Banks Business/Consumer Services Hotels/Motels Professional Offices Restaurants Retail/Wholesale Business Theaters/ Commercial Recreation S72-02/16/98 Title KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted LAND USE TABLE Table 2 of 3 NOTE: Reference foomotes on following pages for additional restrictions. ZONING DISTRICTS LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH R TSH INDUSTRIAL Airports and P C C~9 C~9 N N C P P P P C N Related Uses Automotive Repair/ N C C~ C~ N N C P P P P N N Tire Recapping/ Rebuilding Gas Manufacture/ N N C~9 C~9 N N N N N C~ C~ N N Storage ,, Manufacturing/ N C C C N N C C P P P C C Fabricating/ Assembly/Storage Warehouses N C C~ C N N C C Ip P P C N PUBLIC/ INSTITUTIONAL Charitable Institutions C C C C C C P P P P P C P Churches C p~° p~O p~O p~O p~O plO plO p~O C C pi° p Clinics C C C C C C C P P P C C C Colleges C C C C C C C P P C C C C Elementary. Schools C C C C C C C P P C C C C , Governmental Buildings C C C C C C C P P P C C C High Schools C C C C C C C P P C C C C Hospitals C C C C C C C P P P C C C Libraries C C C C C C Cu p P P C C P Museums C C C C C C C P P P C C P Parks and Recreation P S S S S S S P P S S P P Sanitariums C C C C C C C C C C C C C $72-02/16/98 Title 14 - 66 CITY OF KENAI KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted LAND USE TABLE Table 3 of 3 NOTE: Reference foomotes on following pages for additional restrictions. ZONING DISTRICTS LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH R TSH MISCELLANEOUS Animal Boarding ~3 C C C C C N N C C C C C N Bed & Breakfasts C C C C C C C C C C C C C , Cabin Rentals C C C C N N N P P P C C P Cemeteries C C C C N N N C C C C C C Crematories N C N C N N C C C C C C C , Day Care Centers ~z C C C C C C C C C C C C C Dormitories/ C C C C C C P S~ S C P C C Boarding Houses ,, .Essential Services p p p p p p p p p p p p p Farming/Gardening/ P P P P P P P P P P C P P General Agriculture , , Greenhouses/Tree C C C C C C C P P P C C C !~rseries ~3 'Assemblages ~s C C C C C C C p~S p~S p~S pis C P (Large: Circuses, Fairs, . etc.) Lodges/Fraternal N C C C C C C P P P C C P Organizations Nursing, Convalescent or N C C C C C C P P C C C C Rest Homes Parking, Off-Street P P P p p p p p p p p p p Parking, Public C C C C C C C C C C C C C Lots ~z Private Clubs N C C C C C C P P C C S C Radio/TV Transmitters/ P P C C C C C P P P P C C Cell Sites Recreational Vehicle Parks C C C C N N C C C C C C C Social Halls N C C C C C C P P C C C C Subsurface Ext- C C C C C C C C C C C C N raction of Natural Resources ~6 rface Extraction of C C C C N N C C C C C C N atural Resources ~7 l Union Halls N C C C C C C P P P C C C LAND USE TABLE FOOTNOTES (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. (2) One single-family residence per parcel, which is part of the main building. (3) Allowed as a conditional use, subject to satisfying the following conditions' (a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; (b) The site square footage in area must be approved by the Commission; (c) Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; (d) Water and sewer facilities shall meet the requirements of all applicable health regulations; (e) The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; (f) The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; (g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; (i) The proPerty adjacent to the proposed dwelling group will not be adversely affected. (4) See "Townhouses" section. (5) See "Mobile Homes" section. (6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. (7) See "Planned Unit Residential Development" section. (8) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. (9) Allowed as a conditional use, provided that all applicable safety and fire regulations are met. '5}72_02/16/98 Title 14 - 69 CITY OF KENAI (10) Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. (11) Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. (12) Allowed as a conditional use, provided that the following conditions are met: (a) The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; (b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. (13) Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. (14) Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. (15) Allowed, provided that the following Conditions are met' (a) An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. (b) Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. (16) See "Conditional Uses" section. (17) section. See "Conditional Use Permit for Surface Extraction of Natural Resources" (18) Conditional Use allowed only on privately held property. government lands. Not allowed on (19) Allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur Highway. S72-02/16/98 Title 14 - 69 CITY OF KENAI Attachment E ADDITIONAL REOUIREME~S. Minimum Yards' Yards for Corner Lots' The minimum side yard on the street side, or platted right- of-way, or government easement, of a corner lot shall be the same as the minimum front yard required for that zone. (Ord. 1635-95) Maximum Heights' Height Limitation of Structures Near Ai¢ort: All structures in aircraft-approach zones and within 8,000 feet of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on a map entitled "ObstrUction Criteria," on file with the airport manager. S69-09/01/95 Title I4 - 72 CITY OF KENAI Attachment F City o£ I<enei Dis Zone 192-A3 GOV'T. LOT 36 GOV'T. LOT :37 U,S,S, 1435 PETERSI ~-fi'. NO. 3 2970A- 1 TE1YEIN TR. A TR. B AL RESERVE NO. Dorothy V. Gray 193 Trumpeter Avenue Soldotna, AK 99669 HISTORIC DISTRICT BOARD Meets Third Monday of Each Month 7:00 p.m. Kenai Council Chambers 262-6714 (home) 262-9805 (work) Attachment G 2000 Cecelia Richard P.O. Box 188 Kenai, AK 99611 283-5733 (home) 283-7977 (work) 2000 Ethel Clausen P.O. Box 2815 Kena_i, AK 9611 283-9094 (home) 262-5801 (work) 2000 2001 Bill Kluge P.O. Box 364 Kenai, AK 99611 283-4578 (home) 283-3698 (work) 1999 Gloria J. Wik P.O. Box 2444 Kenai, AK 99611 Kenai, AK 99611 283-3338 (home) 262-7111 (work) 283-(home) (work) 1999 1999 Ad Hoc: Alternate: Councilman Joe Moore Councilman Duane Bannock Contract Secretary: Barbara L. Roper P.O. Box 4234 Soldoma, AK 99669 (262-6577) (6/1/98) KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT CLASSIFICATION OF ALARMS Month' June 1998 :FIRES Structural Out Build' s Brush or Grass Forest Vehicles Hazardous Materials Alarm Malfunction Good Intent Rescue Asst. Mutual/Auto Aid Miscellaneous 0 0 0 1 0 3 0 1 7 5 0 0 0 0 1 3 4 2 8 8 0 0 0 0 0 1 0 1 3 1 0 1 1 7 7 3 3 0 2 16 1 0 0 8 6 0 4 4 17 11 3 3 4 18 15 10 4 4 20 25 0 0 1 3 0 Rescue R_.outi.n.e.Trans ort Good Intent Mutual Aid 39 230 248 3 3' 12 14 0 0 -t- KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT CAUSES OF FIRES Month' June 1998 H LAST YEAR TH,~$ YEAR IMONT1 ~O DATE t~ DATE ...... NU,M. EST. LOSS NUM. EST. LOSS I _1 II II ! I II I Chimneys, Soot, Flues ...... 0 ,, 0, $0.0© .... 1 ,, $20,000.0,0 Sparks. ...... 0, 0 ., $0.00 ..... 0 .... $0.00 Def. ectiveHea,ters ...... 0 ,..0 , . $0..0.0. .... 0, ..... $0~00, Com. bustibles ,Near ,H, eaters .,, 0 0 $,0.00 , 0. $,0.00 Open L.i~hts, Flames 0 0 $0.00 0 $0.00 Hot Ashes ........ 0, 0 ...... $0.00 , , , 0 .... $0;0 Oil burners/Furnaces , , , 0.... 0 , , $0.,00 , 0 , $,0. ,00 Child,ren W, ith Matches ,.0 _0 $0.00 0 $0.00 Careless use. of Match. es, , , 0 .....0 , ,. $0.00.......o . .,$o-oo D~foctive Electrical Wiring ....... 0 3 $661,500.00 0 $0.00 Applia.nces &Mot. ors/Elec.. ...... I .....1 .. $0.00 .. , 1 .... $50.00 Flammabl,e,l!quids .......... O, 0 .... $0:00 .... 0 ...... $0,,00. Cooking Appliances ......... 1 2 -. ,, ,$0.00.,, .2 . $325..0.,0 Rek!ndle .............. 0 . 0 ...$0....00. ..0 $0.00 Spo.n,t, aneous I~nition . .0 .. 0 $0.00 0 $0.00 Fire,, ,we, rks ............ 0 0 .... $0.00 .... o ......$0..0,0 Tools (Cutting.,..Welding) . 0 0 $0.00 0 $0.00 Incendiary... , ....... 0,, ,, 0, , , $0.00, .....0 .... $0.00 iMisc. Kno,,,,wn Cause,s ........ 0 ..0 $0.00 0 $0.00 Suspic, iou? .............. 0 ...... 0 ...... $0.00 0 $0.00 'Unknown ................ 0 ..0 $0.00 0 $0.00 ................. Building Fires 3 7 $661,500.00 5 $35,375.00 -2- KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT CALLS BY DAY OF WEEK Month' June 1998 CALLS BY TIME OF DAY Month: June 1998 0000 1 0100 0 0900 0200 2 1000 0300 1100 0400 1200 2000 0500 1300 4 2100 10 O6OO 1400 2200 O7O0 1500 2300 TOTAL CALLS I -3- KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT OCCUPANCY TYPE Month' June 1998 .i.,UiSLl(5 . . . LoCal Government. 'State Government Federal Government , , Schools , Pre-Schools 'Church~ ' Amusement/Recreation ' UW~LLiN(~,.,.,5 '-. .H~)tels/M0tel~s ' . . Lodging " Apartments/Multi Dwellings Stores/Dw;ollings. Four Plex's Mobile Homes ' MP_.i~L;AN i ~L~ " O[qce B'ui'ldihg'- ' Small Retail stores" 'Restaurar~t/B~r;s ........ Large'Single Mercantile Storage Warehouse~ ' Malls 'L6dges ' LI~HI 'lN'uu,.5 I~IAL Wood W, or, ki'n~ Metal Fabrication Misc. Manufacture Lumber Yards ions r Gara, es ers HIS YEAR TO DATE INSP. I F RES,! ,, $ LOSS BLAST YEAR tb DATE INSP. I FiRESI $ LOSS ,, 0 0 0 0 0 0 0 $0'.00 '$0.00 $0.00 $0.00 $0.00 .$0.00 $0.00 0 7 1 1 2 $0.00 $o. oo $o.0o $o.oo $0.00 $0.00 $0.00 ,i 0 2 2 0 0 1 $o.oo $O. oo $15,025.00 $20,050.00 ,, $0~00 $0.00 $0.00 0 0 0 0 0 $o'.oo' $0.00 $0.00 $i,000.00 $0~00 '$o. oo $0.00 3 2 4 0 0 0 0 '"' "' '~O.0o $0.00 ....... $o.oo .... ~bloO ' '" $O.0o ' ' ' $0.00 $0.00 22 0 6 , , 1 0 0 '" $'5o6.ob $660,000"00 - $0.00 ' $o. o0' ' ' '~o.0o $0.00 .... $0'00 J,. 0 1 0 0 0 b 0 0 0 0 $o. O0 ' $0.00 J" ,1 0 0 0 0 0 0 0 0 , j , , ~o. Oo $0.00 Petroleium Plants Wharf Pro ies Fish Process~' Refineries Misc. Structures $0. 0 0 0 0 0 -4- KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT BUREAU OF FIRE PREVENTION Month: June 1998 i,,,,s MONTH M, ONTH ILAST YEAR~ TO DATE TO DATE Pend~ Letters Violations Noted Notice of Violations Issued Violations Corrected Extensions Granted Extensions Denied ~ised Fire Prevention Classes Station Tours Total Class Audience Total Tour Audience Permits Issued Land Cle~ Permits Court Actions Instituted Arrest Resulted From Convictions Com laints Recieved Com laints Acted On Fire Watches Ordered Accidental Fires Invest. Sus icious Fires Invest. Plan Reviews Conducted rs Total Man Hrs. Ins Total Man Hrs. Public Ed. 'Total Man Hrs. Invest Man Hrs. Plan Reviews 2 17 2 14 5 4 0 0 0 1 0 15 0 43 0 0 0 0 0 3 0 2 2 4 0 9 18 0 32 12 2 0 0 0 1 6 8 118 106 0 0 0 0 7 6 0 0 44 5 56 4 9 0 17 0 6 9 21 0 0 0 0 0 0 2 3O 3 22 4 833 15 370 54 156 0 0 0 0 0 0 0 0 0 8 0 8 0 0 1 14 1 4 2 18 2 7 46 79 39 91 20 75 19 144 10 4 5 69 0 0 6 27 19 44 10 54 19 25 0 0 1 26 16 233 216 207 0 0 0 0 11 13 0 10 7 17 2 147 225 31 3 -5- KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT DIVISION OF TRAINING MONTH- June 1998 ITHIS I LAST ~HIS MONTHLAST YEaRI THIS YEARt phySi~ai Fitness'' .... '57.5" 79 ' " 32 352 ' 49815 Area Familiarization 13 4 27.5 230 94.5 Fire Fic,:,:jhter safeiy . 4 1 10 57 35 Officer [rain. inql 26.5 67.5' 53 "' 224 " 304 Apparatus '~17.5'112.5 ' ' ' 150 ' 1028 ' 653 Operatin~ Ap, paratu~s" ~)5 69.5 102.5 " ' 648.5 ' 404.5 Portable Fire Extinguishers 3.5 ' 2 ' 1.5 '29 '9.5 , _! , , ~, ,, , Forcible Ent~ 0 2.5 0 4 27.5 Ropes & Knots 2 4 12.5 68 27.5 Ladders 21 21 19 98 68 ' , , l, , i Hose Maintenance 28.5 22 75 211 16615 HOse. Lays , , " 24 ' 13 23.5 ,13'J ..... 104 Salvac, te & Overhaul ·, 8 , 8 1 35.5 61 Firestreams 25 6.5 8.5 65. 76 Hydraulics ' ' '20 5.~5" ~.5 40.5 " 52 ;Water Supp}¥'s' ' 17.5 '5 20 9515 ' 78 Ventilation 3 2 1 8 41 8reathin~l Apparatus '.. '15 1.5 5 '65 ' 48.5 ~escue Operations 66 21.5 7 ' 64.5 123 Fire prevention/Arson 16.5 ~5.5 12.5 104 122.5 Pre- Fire Planning . , 8 6 7 44 55 Sprinkler S~,stems . 2 0 0 ' ' '23.5 10 Fifo 'factics & Strategy 11 6.5 3 ' ' 63 ' 83.5 Hazardous Materials 7 5.5 0.5 63 42.5 Confined,space Entry , ' 3 0 28 28' ' 14' Multi- Company Drills ..21 0 0 76 ' ' ' 42 Formal Schools 0 15 '30' " 50.5 ' 88 Live 'F!re OperatiOns ',' '~i'9:5'7 ", 15 ,130'5 ' ', "85 ~'otal Cia~s''Hours ' "48 101.5 .... 60.5 412.5 512.5 ~ otal ~ield HoUrs .... 587 '412 590 3626 2901.5- ' ' , , i 111 i I lUlAL'[.;LASSII-I~LU ! 63sl.s 3-sl , '6so.si. 403s. ! ,'. 34141 -6- KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT DIVISION OF TRAINING MONTH: June 1998 & Patient Assesment · re Chest In'uries Shock & I.V. Them Hemorrh~ le Control Basic Life Su Fractures & Dislocations Head & Neck In'uries Abdominal & Genital Cardiac/An ement Childbirth Patient Handlin, Heat & Cold iuries Radiation & Electrical In'uries Poison & A les Pediatrics Pharmo~ Advanced Life Support Diabetes Assurance Medical/Legal Terminoli, Rules & Res, sibilities EMS & Communicatior Mast Pants Alcohol & Dru Abuse Behavioral 'encies Infectous Disease Control 21.5 0 0 10 9 7.5 4.5 3.5 0 6 18 13.5 0 12 0 0 2.5 0 5 3 7 5 6 0 0 0 3 2 0 9.5 0 0 19.5 1 8.5 2 4.5 1 9.5 13.5 19 0 24.5 0 0 0 1.5 5.5 0 0.5 6 12 1.5 1 1 0 2 0 11 4O 0 7.5 26.5 8 2O 11.5 11 0.5 19.5 20.5 19.5 6 35 2 0 0 31 30 25 0 12.5 18 4.5 3 5.5 0 4.5 2 16.5 187.5 0 11 120.5 18.5 20.5 45.5 39.5 8 136.5 72 81.5 7 185 2 0 12 40.5 64 66 14 112.5 99.5 47.5 26 59 0 14 12 93 232 1 0 149 22.5 59 29.5 30.5 7 76.5 66 127.5 10.5 161.5 6 0 16 13 46.5 9 19 66 71.5 38 14 24.5 3.5 11 18.5 80.5 -7- KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT DIVISION OF TRAINING MONTH- June 1998 THIS I LAST ~I-Hi'§ MONTi-~ LAST YEARI THIS YEAR' MONT, H~ONT, H~LASTYEAR~ TO DATE, TO DATE Airport Familiarization ' , 9,. 2'.5' 2 ,.' , 64'.5," 32~.5 .Aircraft F~miliarization ' ' 0 2.5 ' ' 4 22.5 ..... 3.5' Fire Fighter Safety . .8 4:5 , ,0 , .26.5 , 19.5 Emergency, communications 4' 2.5 1 16.5 17 Hose, No~.le, Turret Operation~ 6' 0 .... 0 51.5 37.5 Agent APplications (~' 0.5 ' 0 ' , 24 , 32 Aircraft Evacuation 0 0.5 0.5 1 ~.5 0.5 Fire Fi..ghtincJ Operatio,ns 8 I , 0.5 , ,3.,2 , 25 StructuralAdaptation . ..' 0.. .0 0. 4 _0.5 CarcJ9 Hazards 0 0 0 4 0 Airport-Emergency Plan "' 3 '0 .... 0 . 8 "5.5 Hazardous Materials 0 0 0.5 4.5 0 Alerts I, II, I'i1' ' 3 0 0 24 13 , ~! , ~ , ,! , Multi,- Company D.rii~s o ,0 . , 0 .. , 0 1.6 Formal Schools 0 0.5 0 112 0.5 , , ,=, , , i i i , i i Total Class Hours 0 3 0 97.5 3 TotalField Hours ' 47 11.5 ....... 8.5 310 .... 200 IT°tal Class/Field ' I , 471 !4'Sl . '8.S l, 407'sl ' 2031 -8- HOSPICE OF HOMER A SPECIAL KIND OF CARING Post Office Box 4174 Homer, Alaska 99603-4174 (907) 235-6899 Fax (907) 235-1307 City of Kenai. 210 Fidalgo Ave. Ste. 200 Kenai AK, 996117794 To- City Clerk From: Hospice of Homer Date: 7/6/98 RECEIVED KEN~! CITY CLERK This summer Hospice of Homer will be holding a raffle for Princess Di and Erin Beanie Baby bears. Please find enclosed copie~ of our .&DR Raffle application and permit. The raffle will take place through :September 18,1998. ~V,/e will be advertising the raffle in the Peninsula Clarion. If you have any questions, please feel free to call us at 907/235-3623. Thank you for your consideration, Sincerely, Alida Dunning (~? Administrative Assistant ent of Reven ue · , ': AUTHORlZEDGAMES OF CHANCE AND SKILL PERMIT The municipality or qualified organization'named below is authorized to conduct the listedgames of chance and skill for the permit year. Gaming activities of this Permittee must be conducted in accordance with AS 05.15... · '.....~,~... · /~.:,~ :?.';':':- . · . .~.. ,.:~.. PERMIT INFORMATION: PERMIT #:"1809 ~-., .~.' .~ EX~I~130" DATE:December 3'1 1998 Hospice of ,Homer :' ' ***~"~' .... ;"'""*"'"* ":~<"~':'~";?:~ ':'~: · PO Box 4174 Homer, AK 99603.4174 · . -.,. ...,'-,~ ,-'~.·.: _.._ .:.,.:,.. . Th~ IMen~e mu~t be'Pgmted in a =ormplguou~ plage at the location of the authorized activity. .; DATE ISSUED: 01102/1998 LOCATION INFORMATION: ID #: 19493 TYPE: Self Directed Homer Homer, AK 99603 AUTHORIZED GAMING ACTIVITIES: Raffle or Lottery THIS UCENSE IS NOT TRANSFERABLE OR ASSIGNABLE, Larry Meyers, Director Issued By 04-0121 Rev. 7/97 ' n~ Permit Year Alaska Depar ~t of Rove eR EC -:v:D '"" '~ '". ,.,.,~,,,,,~,, -..~. ,,,~ ,--.,.-..v.~ '"~'""~"~"e:~' "n;""'n;'';~inni ""~:-~'.".,. · ""' ~'~' !-'~," I..- ..~, .L: ,¢,. Tt -,?! fo. · : ,:.j;,,,j,, ...,:~:,,~..;~...;,,;. . ~. ~[~'~? : . ...... . . . .. "i,. I '." -:"' "t'"'f'~" ' · :o .. :.:,~ ,,~ ....... ., Juneau,.AK 99811,0440 . ,'.~'. :..0 :,,'. %.·' . · .~¢!i :.~" ~ ',,. ' " "' .... ' ' TY CLEPK Games ~3f Chance and Contes 11~,1 C] .... .... ' .... '"PEF{MII---'"- APPLIC.. .... _ ..-%.-; ..... ........... AS 05.15,020.. '. " . ~io~o.road tho b$..t~.~tion~ boforo~¢omPl°ting thi~ application.' '" '- -All S~¢tlon~ o! th* ~pplloation mu~t'~ oom¢l,t~d ........... ' "~ ~O11¢[: G.~ING l¢lll/rllF.8 MAY ~O18£ CO,DUelED Ul~rrlL'lHE P£RMI? .~. ~..-...i. ~...:-...)~..i.. ......................... . ..... ~ _.. · .: .. . i '~ .... ~ ...... ~..~.. .. FOR DEPARTMENT'USE ONLY Permit Number: ' - -.'- Date of Issue _ ,, i 1. K~IE OFORC~a4[zA'rION HOSPICE OF HOMER P.O. Box 417.4 Mailing Address . - .., r .... · .;'. ~ :.., r · t . _ ,.. o¢ .. ~ . · . · ·~j* · ~., Homer,' AK 99603 City, State, Zip Code TYPE OF ORGANIZATION Check one box. For definitions soo AS 05.15.210. . m' _~ 'c,~U, ...... O b.' ClvicorSewice .. . O c. Dog Mushers' Association Q d. Edtx:mJonal O o. Fishing Derby Asr,~ciation 13 t. Fraternal O g. Labor Oh. Mlxddpamy '. · 13 i. Nonprofit Trade Association .. 13 i. Outbo"rdMutor Association Q k. Police or Fire Department and Company O I. Political Q m. Religious-. 13 n. Votor"rm · Q o. IRNNatlvoVil~;Io 3. ORQAHIZEDAS: 13 Public O Private O Partnership O Association 4. TYPE OF GAMES. Ust by common · name if other than those listed. See AS 05.210. *'O "a~' ' BIng° NOTE: Bingo games must not bo hold moro fourteen occasions in a caf ; end"r month with no more than 35 games per session or sm'les of games. 13 b; Rallies & Lotteries ~ c. Puli-Tabs ' 13 d,. Ice 13 o. Dog Mushors'contosts 13 t. Fish Berbles 13 g. Raln Classics 13 h. Mercury Classics 13 i. Goose Classic 13 i. Salmon Classic 13 k. Contests of $1dll 13 1. IVlarksmanship: Rifle, Archery or Pistcl 13 2. I:lac~ 13 3: 'Track and Field Events 13 n. King Salmon Classic 13 o. Canned Salmon Classi~ 13 p. Sled Bog Race Classic 13 q.. Snow IVlachlno Classic 13 r. Deep Freeze Classic 7. LOCAL OFFICERS (must be current bona fide members in good standing) SA.' RENEWAL APPUCATION - Most Recent · Year Issued: . Permit Number:. · ATTACH tho following REQUIRED. items: 13 Current Naska membership list (must have ~ lea~t 25 memb~) · '-; , O ,Copy of,amendments, .to mlJdas of IncOrporation and bylmvs, if · "'certificate'0f amendmen~retion/relnstatament.. . 13' 9oard ro~Olution appointing:tho lxlmmy member In charge ~ gam#. ' 13..Test answer ~heet et new Primary/Alternate mem~., tn charge el games. ' 13 Proof of fling tho'~opacatiort ~th tho ctty or borough where tho gaming activity Is to o(=ur. (See Ins~s). 13 Sep"rmogamlng chectdngacoount~er, ~~~m~td~o number:. :~.:ti · ' . ,.., ' - · ·. · ;:" .............. , .... .., · .. ~ ., .:.., · . SB. NEWAPPUCATION : .... Number of yearn organization has been in existence in Alaska: .1 '1 . ATrACH the following REQUIRED Items: ~ ' O Documentation ~howing orga~tza~on has been in existance tn Alaska three years or moro (e.g..bank.statemant~, correspondence to tho receipts for services rendered or supplied, otc.). . 13. Current Alaska membemhip list (must have at least 25 remembers) 13 Certified true copy ot"rticles of inooqxxa~on, and a copy of bylaw~ ami natk~ml and state charters. Tho "rtictas-of Inco~n and/or bylaw~ mu~t disselutlofl Copy O! IRS certificate or tax letter or tax exemption issued to nmm~ org,~ zattons, if al~lCa~o.. ' ' "' BQud resolution ~opdntlng tho primary member in ~e el games. Test answer shoot tot primary & alternate member in ~o c~ games. Proof of filing tho al:)plk~on with tho city or borough where tho gaming activily is to occur (see instructions). 13 Separate gaming checking acx:ount number, bank name, ac!..dres.s. &'3d t~ _e_f~?ne number: Acct 27122787 F'irs.l: :Bank o~ AnChoracre 3655. Heat:h $'c. H~er, A:K:. 99603 907/235-5150 13 O ~O O Name and rnailing address of National Organization (ff applicable): n/~ .. SA. ESTIMATED GROSS RECEIPTS DURINQ PRIOR YEAR FROM ALL GAM~ ACTIVITIES $ 0 6B. FEE. Chec~ the appropriate box and enolo# tho correct emounL If GROSS receipts Eom ALL.prIor year gaming aclivltlas werr, Then · . penn# fee is: ~1 $o. $~g,ggg= or If you .re a NeW Appacant ...... : ............. -=- 13 $20,000- $gg,g99 .................... 13 $100,000 or more .......................................... $100.00 NAME TITLE SOCIAL SECURITY NUMBER/DATE OF BIRTH DAYTIME TELEPHONE NUMBER J~_an ~a~~lH p~_~_.q~d~_nt 571 78 582R/4-1-_~n Karin Marks Treasurer 231 70 3238/3.-,2.6~.48 907/235-7076 _ Ev.a Younq Secretary ~ ...6Q 6987/3-19-53 ,, 907/235-0369 04-0826 (Rev. 8/96) A. PRIMARY ,L Nancy Bander Mailing AddresS' Poe. Box 4174 City, Stat~, Zip Code ' " Homert AK 90603 . ~. E~SON IN CHARGE OF GAMES. This must b gna fide and active member of the qualified organization., i employee of the municipality. This I)er~on is responsible for maintaining the records and prepam~j all the required reports. An alternate member must be deslgnat~l as the responsible person during the absence of the primary member in charge, il more than one alternate ts to be designated, attach a separate sheet and provide the Information required on this page for each. If any primary or altemate member in charge changes during the calendar year, you are required to notify the Department of the new person(s). Submit a espy of the board re~olutlon epp~nllng the primary end alternate membere and giving authority to the prlma~/and alternate members In charge to sign the application on behalf of the organization. The primary and altemate membem in charge must have been an acllve member ef the permlttee, on the beam of dlrectom of the permtttee, or an employee of the permlttee for at lea~t slx months before the date of the pemtit apldfoatlon. ." B. ALTERNATE ......... Daytime Telephone No. ' 907/235-6899 sodal Se~rity No. 569 86 9749 Title Exec Directo! ° Karin Marks , ,1 , ,1 , , Mailing Address 397 Elderberry Court City, state,'Zip Code ' ' Homer. AK 99603 ,, Daytime Telephone No. 907/235-707E Social Security No. 233; 70 3238 Ul Title Treasurer ..... DEDICATION OF NET PROCEEDS. Before a permit can be granted, the organizatic~n must plan to use the net proceeds from gaming a~vttle~ for the awa~ of prlze~, and for politiceJ, educational, civic, public, charitable, patriotic or religious uses IN ALASKA. (See Department of Revenue Statute~ and Ragulatiorm for ~oecilb rule~ on how proceeds can and cannot be ~oent.) In the space below, tell how your organization plane to use the net proceeds from the gaming a~tivttl~l (schoOl, m~. assistance, Iced baskets lor needy, flretighting equipment). Be specific. Hospice of :Homer"'~lans..to use t:~e-net proceeds of the Pull' Tabs t'o' supplement the Executive Director's salary. Currently. she is the only paid employee of Hospice and her salary is not commensurate with the position/hours she is working. ""~ ; . 10. LOCATION OF ACTIVITIES. Specity where the games will be conducted, including the drawing el raffle tickets. Il this location changer, youmust notily both the Department ct Revenue and the local government within 10 days .... i i ' List name el premise's, street address, City and Zip Code for Each Gaming Activity Type el . Contact Daytime (Attach additional pages as needed) Game Pemon Tdt~ 1. Ad.dies P. or~oise Room 4262 S~.it .Ro,.ad Pull Tabs., 907/235-' '~. Homer .AK 99603 ' 8132 · 3. '!.1~. 111 , , , , i , , i1 , ii i i i i i i ii iiii $. 11. OPERATOR (il any). II an operator is employed to conduct the gaming activities, the contract must be approved by.the D~partment before activities commence. You may contract with only one operator at a time tor each type of gaming activity. --, Name of Licensed Operator Lic. No. Copy of Contract with Operator: 13. Is attached. ~ Is being sent by certified mail. ii i i i i ii i i i i 12. THESE QUESTIONS MUST BE ANSWERED. YES NO 13 El 13 [3 A. Has any person listed in 8 or 10 above ever been convicted of or on parole for a felony In any ~tata, territory, or foreign country? B. Has any person listed in 8 or 10 above ever been convicted of a crime involving theft or dishonesty, or has ever been convicted of a vfola~ In any state el a municipal, state or lederal gambling law? . C. INill any person listed in 8 or 10 above receive compensation of any kind from the receipts of the gaming activities? Il yes, explain. : , .,: , . .- . · SIG NATU R E. ~i, ~,,=,~ ~u,, be signed by the primary pereon in charge of games listed in EA above. CAUTION: A pho~o~ed t~na~rl will .e~ be · accepted. Make sure that the original signed application is filed with the Department of Revenue. I declare, under p~nalty of unsworn falsification, that l have examined this application, including any attachment, and that, to the best of my knowledge and belief, it Is true and mmplete. I understand that any false statement made on this application or any attachments is punishable by law. , 14. PROOF OF FILING. You must submit two copies of this application to the ally or borough where the proposed gaming activities will occur. Prcof of filing moat accompany this application. To speed processing, please have the appropriate local government oflicial acknowledge receipt of this application by signalure t Sigr~ature of Loca~on Govemment Official L~tle/city~,, ~,, ~ ~r~mm~_ ' !~~ ~x~~-"X~-~'~! "~-~N. k.,~ .-- /,~.,.Date (2) ; 04-0826 (Rev. 9/96) 998 Gaming Permit Application ~ T~ (~ ~ ~e~ ~ ~.) ! .. Name I~ Lease~ Acllvrr!F=~__ CONL~LJC115__D BY VENDOR(pulI-ta]~ are O~e only games a venclor can concluc{) Ver~or regis~ a~1 lee must z~e azzacrmo. L~_me ol Ver~__. PI~ Loc~_ '_w~. V enC.~ Numl=er Romeo Inc. 4262 Spit Road Homer, Alaska 99503 AC71VTT1E$ ~ONDUCTED BY OPERATOR li,~,e,:,o~ ' ' , , Game Type(s) Oper~ors License Num0~ AC~lVi11ES CONDUGI'-r.D BY MULTL°L,E-B~~Y PERMITTEE IN~rne ot MBP , ' ~ LocalJon Game Type(s) ,. MBP NumOer DEDICATION OF NET PROCEEDS. The ar~on must plan to use me net pmceeas trom garrm~ ac~vities lot polidcaJ, eauca~onal, civic, puOlic. ¢nan~=le. ~c or religious uses in Naska. (See slalum ~ re~ lot si:raciSm rules.) In ~e space i~oviOecl, tell how your organiza~on intencls to use me net F_~e__~s ~om ~n_ ~j ,~,_'~m. (Se ~e~,) , ,, , Hcsp£ce cf Homer w~l] use the net proceeds ~-~' the supplement theExecut~ve D~=ectc='s s~Z~r¥. _ KENAI KENAI RIVER FESTIVAL ~iiiRGARIZING GOi~IMITTEE ~OLDOTNA, ALASI~ 99669 (907) 262-9225 July 1, 1998 Dear Mayor Williams & Members of the Kenai City Council' We would like to thank the City of Kenai for their generous donation to the 1998 Kenai River Festival. With your support, we were able to offer more educational activities for the entire family. We have enclosed s°me photos of the festival and a copy of the newspaper advertisement we ran numerous times in the Anchorage Daily News and Peninsula Cladon. We look forward to continue working with the City of Kenai to promote activities that help keep our river healthy and productive for generations to come. Thanks again for all your support, Sincerely, Megan O'Neill Fund Raising Chair for the Kenai River Festival '98 in Kenai at. t~e Kenai City Fie~ds. (adjacent to the senior centen · _-- ..-,.~------'"' opening ceremonies 1.4)o am .... .-~.--- ..... tcenai~e Drum GrouP. 2:00 noon ---- ...... _-.Costume parade ,eeeeeeeeee~~e~eeeee~ 12:30 pm ......... Chitdren:S puppet St~OW 1:0012:0013:0014:00 pm ............ Pat~~ to Fishing · 11:30 am/1:0012:3014:00' pm LiVe MUSIC ALL WEEKEND ' featuring the. talents oJ: ~4EDIClNE t4AN" KEN^tTZF. !:)RU~ 6Rou? BUNNY sWAN · IV~BREY BROTHEBS "' ':;: '" KENAI'S swiNGiNG GOLDEN GIRLS ·AL ~ MAGGIE "pAUL NICHOLS RoADKILL" FOOD FOR sOUL · .~.. '.....-.. J:":' :' Ti~ CoPYw°rks' ReGbo~, Pen- ....... .Advenm . Mn ~so- . · ~: A~ ' r ~~' ~ . m Major S~ __. · ' S~g Ha~, e ~m i~., Te~ . .,. . .' of Ke~ i~Rg · ~ Steele & J~e~ ~ I~et D~ ~s~' 'MACIel No~t~ 1~, U~d ~o~' ~t F~tier i p~ll~s ~tm~ p~eu to~''~~ ..... ~~ ~ Project status Report A=Active NC--Non-Construction F=Future STIP=State Trans. Imp. KK - Keith Komelis JL - Jack La Shot RS - Robert Springer MK- Madlyn Kebschull Jet'- Jan Taylor AmC/F/ City Centaet Prejeet Name Status SliP A JL Alaska Regional Fire Training Final inspection scheduled for July 21. All phases Facility, ARFF of site work continuing... Various projects such as waterline loop, propane, etc. A KK Animal Control Shelter Project complete. A KK Bluff ASTF Grant A JL/RS Challenger Leaming Center A MK Comprehensive Plan A JL Contaminated Soils - Shop Grant was submitted and ASTF has stated that this project meets criteria for a preliminary project. Challenger Group will run this project... City will act as advisor on Challenger Committee. $60,000 appropriated in Capital Project Fund. Kent & Sullivan to start soon. A JL K.M.A. Taxiway "C" Extension North A KK Mission Street Paving complete... Preparing for seeding and miscellaneous... Change order items being prepared. Project complete. A KK Modification WH 1 & 2 and Pumphouse F JL JL Underground Storage Tank- Airport City Maintenance Facility F JL Multi-use Facility F KK S. Spruce Beach Parking Engineering design has started. Tank pull complete...Approximately 300 yds. of soil stockpiled for future cleanup. Schematic design complete.., awaiting funding. Waiting for funding and land selection...Meeting 7/8/98 to discuss project. Corps permit process complete. .. No funding appropriated as yet. Grant application submitted for Exxon Valdez Funds. Wednesday, July 08, 1998 Page I of A/NC/F/ ~I'IP F KK Cit Comet Prejeot Name South Side Kenai River Road and Parking StaMs For Southside dip netters...Submitted grant application for Exxon Valdez Funds. F KK STP Expansion/Planning Submitting design grant to DEC. F KK Water Quality/Quantity Development Program Water main loop lines...Additional funding requested from DEC and Legislature for WH4 and other projects. NC JL/RS ADA City Building Study Several items underway... Planning extedor access work... Concrete work at Rec Center...Fire alarm system at Rec Center...Hardware & doom at vadous facilities. STIP KK DOT- Bridge Access Pathway Pathway along Bddge Access Road from K-Beach to Spur 3.3 miles...Design FFY 00 at $250,000... ROW FFY 00 at $100,000...Constr. FFY 01 at $1,400,000...Bidding this month. STIP KK DOT- Forest Ddve DOT in design stage .... Design FFY 98 at $900,000. ROW FFY 99 at $500,000. Construction FFY 00 at $5,500,000. STIP KK DOT- Kenai Bridge Access Road Resurfacing & widening; Spur to K-Beach... Construction FFY 98 at $1,200,000. . . DOT submitted permit requests. STIP KK DOT- Unity Trail Pathway Pathway along Kenai Spur from MP 2.8 to 8.1. Design FFY 00 at $200,000... ROW FFY 00 at $100,000...Const. FFY 01 at $1,700,000. Wednesday, July 08, 1998 Page 2 of MEMORANDUM Da~ 7/15/98 To: John Williams From: Lam/Semmens RE: Annui~ Doug Brown provided the following lump sum costs of purchasing annuities. Them are options to a lump sum payment, but this will give you a ball park figure. Age 59, annual payment $1,484 cost for annuity - $21,000 Age 62, annual payment $3,744, cost for annuity - $50,0(~ Also attached is a SChedule of the social security amounts that you and the City have paid. We had to pay this because you were not in PERS. it is actually more that either of us would have paid if you were in PERS. Public Employees Retirement System Retiremem Projection Page 1 of 2 Public Employees Retirement System Benefit Projection Estimate Created 7/13/98 2:06:33 PM This is an ESTIMATE ONLY, based upon infornmtion you entered, and is NOT GUARANTEED! You should verify your benefits with The Division of Retirement & Benefits prior to your retirement date. This Estimate is based on the following information: · First hire on 10/15/86 making you a Tier II member. · Retiremem commencemem date of 10/1/98. · PERS occupation of General PERS Employee. · Not retiring under RIP. · You are a man. · A high average monthly salary of $500.00. · Your Birthdate of 5/9/1939. · Your Spouse's Birthdate of 2/10/1940. ~'orre~r-~l~~~ t,,~~c.~,/-,~---- · General service after 6/30/1986 of t2 years. · You will be 59 years and 4 months old upon your retirement. · Your spouse will be 58 years old upon your retirement. Estimated Base Benefit Amount Your Base Benefit will be approximately $122.00 per momh ( $1,464.00 per year). Your Base Benefit will be reduced by $5.00 because your age at retiremem will be less than your full retirement age of 60 years. Your Base Benefit will therefore be $117.00 per month ( $1,404.00 per year). If you reside in Alaska after your retirement, however, you may be eligible for an additional 10% Alaska COLA, raising your benefit to approximately $167.00 per momh ( $2,004.00 per year), after you reach age 65. Estimated Joint Benefit Option Amounts (not including 10% Alaska COLA): Option Monthly Annually Momhly Survivor $109.00 75% Joint & Survivor $105.00 , Survivor Annually $1,308.00 $1,260.00 t $54.50 $654.00 $945.00 http ://www2. retben, state.ak, us/Calc ulato r/P E RS Rslt.asp 7/13/98 ruonc t:mp~oyees Retiremem System Retirement Projection Page 2 of 2 (For a description of these options, see the PERS Handbook_.) ~Back to the PERS Projection Calculator ~Back to the PERS Plan Home Page ~Back to the State of Alaska Home Page This page has been used 28190 times and 30 times today. State Division of Retirement and Benefits Claudette Kreuzenstem~.~admin. state.alcus Feedback http ://www2. ret ben. stat e. ak. us/Calc ulat o r/P E RS Rs lt. asp 7/13/98 l'uonc r~mployees ~xeuremem ~ys[em r~euremem rrojecuon r~ I ux ~ Public Employees Retirement System Benefit Projection Estimate Created 7/13/98 2' 10:26 PM This is an ESTIMATE ONLY, based upon information you entered, and is NOT GUARANTEED! You should verify your benefits with The Division of Retirement & Benefits prior to your retirement date. This Estimate is based on the following information: · First hire on 10/15/86 making you a Tier II member. · Retiremem commencement date of 10/1/2001. · PERS occupation of General PERS Employee. · Not retiring under RIP. · You are a man. · A high average monthly salary of $1,000.00. · Your Birthdate of 5/9/1939. · Your Spouse's Birthdate of 2/10/1940. "-' · General service after 6/30/1986 of 15 years.. · You will be 62 years and 4 months old upon your retirement. · Your spouse will be 61 years old upon your retirement. .~.:;~ :. · Estimated Base Benefit Amount Your Base Benefit will be approximately $312.00 per month ( $3,744.00 per year). If you reside in Alaska after your retiremem, however, you may be eligible for an additional 10% Alaska COLA, raising your benefit to approximately $362.00 per momh ( $4,344.00 per year), after you reach age 65. Estimated Joint Benefit Option Amounts (not including 10% Alaska COLA)' Option Momhly Annually . Momhly Survivor Annually 50% Joint & Survivor $288.00 $3,456.00 $144.00 $1,728.00 $2,493.00 (For a description of these options, see the PERS Handbook.) http ://www2 .retben. state, ak. us/Calc ulato r/P E RS Rs It.asp 7/13/98 KENAI CITY COUNCIL MEETING JULY 15, 1998 INFORMATION ITEMS o 7/1/98 Kenai City Council Meeting "To Do" List. , City of Kenai Preservation Plan/1998 , 6/98 Kenai Fire Department Consolidated Monthly Report. , 1998 Games of Chance & Contests of Skill Permit Application - Hospice of Homer. , 7/1/98 Kenai River Festival '98 thank-you letter. o 7/7/98 Anchorage Daily News article entitled, Follow rules, make Kenai dipnetting a success. o 7 / 8 / 98 Public Works Department Project Status Report. MAKE 22 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: Mayor and Council Fire Department Police Department Senior Center Attorney City Manager Finance Public Works Library Airport Clerk Taylor Springer K¢~un Clarion Parks & Rec. Engineer AGENDA DISTRIBUTION STP Public Wks. Sec. Public Wks. Shop,,, Bldg. Maintenance Bldg. Official Streets Dock STP Official Bulletin Board Commissions P&Z to MK HDB to MK Fax by computer to: Assemblymembers KSRM (Atto: Dan Meeks) KBBI (Homer) Kenai Chamber of Commerce EDD Don Hunter, (Daily News/Anchorage) Betty Miller, BP Jon Little (Daily News/Soldotna) Bill Iles, HEA KVCC Joan McCoy, ARCO Fax by regular fax machine: _ _ KDLL, 283-6701 DELIVER Council Packets to Police Department Dispatch desk. The Clarion will pick their packet up at City Hall; usually on Mondays. The portion of the agenda published by the Clarion is faxed before 5:00 p.m. Home Page documents (agenda, resolutions and ordinances for public hearing) are saved as HTML files and emailed and faxed to Bill Grimm on Friday afternoon. Directions are'